Wrongful Death Lawyers in Newton, MA
As wrongful death lawyers, we are available to represent clients in Newton, MA. We have represented and do represent families who have lost loved ones in car crashes as well as in institutions such as rehabilitation facilities.
If you and your family have suffered the loss of a loved one due to the negligence, reckless actions of another, or wanton and willful conduct, or deliberate indifference, we offer our sincere condolences. You and your family are experiencing a loss that no one should ever have to endure.
We understand.
We offer full service personal representation to get clients and their families through the difficult process of suffering a wrongful death. While we cannot undo past events, we can work vigorously in seeking full compensation from all those who may have been responsible for a loved one’s death, and demand, from all those responsible, full and fair compensation.
We Accept Wrongful Death Cases On A Contingency Fee Basis.
This means that you and your family will not owe us any fee unless and until we obtain a recovery.
We will advance costs in wrongful death actions, such as the significant costs that are often involved in the litigation process, including those that may be required to hire medical and other experts and accident reconstructionists.
In a wrongful death case, we will usually retain experts to provide opinions concerning difficult matters, such as lost wages. We will also fight for the family members left behind, and demand full compensation for the crushing emotional loss that they must suffer.
We Are Trial Lawyers. If Defendants Will Not Pay What They Owe, We Will Take Them to Trial.
We operate differently than many personal injury law firms. We engage in the difficult work of proving the cases of our clients early in litigation, with the expectation that we and our clients will go to trial unless an acceptable settlement is offered. The advantage of this strategy is that (i) it puts our clients in a better position to obtain a full and fair settlement in the negotiation process, as opposing counsel know that we are ready to go to trial, and (ii) if an acceptable settlement cannot be reached, we are well prepared to go to trial right away. Many other law firms take a different approach, preferring not to engage in the difficult litigation work unless an acceptable settlement cannot be obtained.
We are trial lawyers, and defendants and their counsel and insurance companies know that if an acceptable settlement is not offered, we will not hesitate to go to trial and let a jury determine fault and damages.
Damages Available in a Wrongful Death Case
If you’ve lost a loved one in a wrongful death case, you may pursue two primary types of damages: economic and non-economic. The former, economic damages, applies to quantifiable losses associated with your loss, such as medical expenses and funeral expenses.
The latter, non-economic damages, applies to the non-financial losses associated with the death of your loved one, such as loss of companionship or emotional distress. The combination of these damages may include:
- Medical expenses
- Loss of companionship
- Loss of future financial support
- Financial losses associated with the loss, such as funeral and burial expenses
- Emotional distress and mental pain and suffering.
Punitive damages may also be available in a wrongful death case. These damages aren’t compensatory like economic or non-economic damages. Instead, they’re awarded to punish the defendant for their gross negligence or malicious, willful, wanton, or reckless conduct.
It’s important to note that punitive damages aren’t awarded in all cases and are rare in personal injury cases. Your lawyer can help you determine whether you may be eligible for punitive damages based on the circumstances surrounding your case.
Statute of Limitations in a Wrongful Death Case
A three-year statute of limitations applies to most wrongful death claims in Massachusetts. This timeframe refers to the period you have to file your claim before you may forfeit your chance to pursue compensation from the at-fault party.
The time starts on the date of the person’s death or the date that the executor or administrator discovers or should have discovered the death was wrongful. However, it’s important to note that exceptions to this timeframe, such as lengthier timeframes in cases involving medical malpractice, may apply.
If you’re unsure what statute of limitations applies to your loved one’s wrongful death case, contact a lawyer as soon as possible. Since there are limits restricting the amount of time you have to file a case, it’s important to act fast to avoid missing the filing deadline.
The Role of a Wrongful Death Lawyer
While seeking help from a wrongful death lawyer might be the last thing on your mind in the wake of your loss, it’s a critical step in pursuing justice. While we cannot undo your loss, we can help you fight to secure the compensation that you and your family deserve.
We will:
- Evaluate your claim in an initial consultation to determine your legal options
- Investigate the death to collect essential evidence, such as police reports, witness statements, and surveillance footage
- Draft and file appropriate documentation within applicable deadlines
- Offer sound legal guidance to help you make informed legal decisions
- Negotiate with the insurer and field settlement offers
- Represent you in court if a fair and meaningful settlement is not reached
Call Us for a Free Consultation, and Learn How We Can Help You and Your Family.
______________________________________
Client Review
“I highly recommend Attorney Matthew Fogelman for legal services. He has worked on two very different cases for me. In both cases, He was extremely knowledgeable and professional. I felt that I could trust him and that I did not have to worry about the cases. Matt is very honest and told me what I could and could not expect. He did not make any false promises or give me false expectations. I felt that he sincerely cared about me as a person and did everything possible to be sure that my best interests came first. It was very comforting when going through a difficult time to know that I had someone who was knowledgeable and talented looking out for me. It made a difficult situation much more bearable. It is unfortunate when a person finds themselves in a situation that they need legal representation. But if someone is in that situation, then I highly recommend Attorney Matthew Fogelman.”
Google 5 Star Review – S.M.
