Factors That Determine the Value of a Wrongful Death Lawsuit

Massachusetts wrongful death lawsuits occur when a deceased person's relatives (or dependents/beneficiaries) seek monetary damages from a negligent party in order to compensate for the loss of their loved one. Below are some important factors to know when determining the value of Massachusetts wrongful death lawsuits due to a car accident.

Determining factors in a wrongful death claim

In any wrongful death lawsuit, the plaintiff must prove the value of the damages incurred. A Massachusetts wrongful death lawyer can do this with testimony from family members, friends, employers, doctors and other professional experts.

Factors in determining the value of Massachusetts wrongful death lawsuits due to car accidents include:

Whether the death was solely the fault of the other party's negligence, or if both parties were at fault Whether the death was due to the deceased's failure to wear their safety belt Whether the deceased party was married and/or had dependents Whether the deceased survived the initial accident, and consciously suffered from pain before they died The cost of the medical, funeral, and other expenses related to the death and funeral of the deceased The victim's age and relative health prior to their death

Compensation for the loss of care, guidance, love and affection

These damages are awarded to the deceased's family for the loss of his/her presence in their lives. It compensates for the loss of protection, affection, guidance, and companionship that the deceased used to provide.

Compensation for the loss of income

Wrongful death compensation can also be awarded to reimburse the deceased's dependents for income which they no longer can count on for financial support. This includes future earnings, wages, salary, and benefits that otherwise would have been realized.

Compensation for the loss of services

In Massachusetts wrongful death lawsuits, family members can recover damages for the value of services they would otherwise have received. This may include household chores such as cooking, cleaning, shopping, transportation, child care, and various tasks pertaining to home maintenance. In such cases, the law assumes that outside help will need to be paid to continue these services.

For a detailed explanation of factors that determine the value of Massachusetts wrongful death lawsuits, seek the expert advice of a Massachusetts wrongful death lawyer.