Losing a loved one is never easy; losing them to someone else’s careless or reckless act is even more devastating. There is absolutely no amount of money that can ever bring your loved one back. Unfortunately, financial compensation is what our civil justice system utilizes to try and make survivors “whole” after a wrongful death.

It can be hard to wrap your mind around taking legal action when you are grieving. Sarno Legal, PLLC is here to provide the legal advocacy you need, and the personal support you deserve, during one of the most difficult times of your life.

Compensation in a Massachusetts Wrongful Death Case

Understandably, when you are in the midst of grieving, your focus is on the enormity of your loss in this moment. But a tragic death is a loss that keeps on taking.

It’s not only today’s losses that you deserve compensation for, but the loss of the future you and your family would have had if they were here. A wrongful death case seeks compensation for all of the losses that you have suffered, including:

  • Funeral and burial expenses
  • Loss of reasonably expected net income, including wages, bonuses, and benefits
  • Loss of household services your loved one would have provided, like home maintenance or childcare
  • Loss of protection, care and assistance
  • Loss of companionship, love, and affection
  • Loss of guidance and counsel for children who have lost a parent
  • Punitive damages if the death was caused by malicious, wanton, or reckless conduct

In addition to the damages above, you may be able to recover your loved one’s pre-death medical expenses and compensation for the pain and suffering they experienced before they passed away.

Some of the damages in wrongful death cases are easy to define, like funeral costs. Others, like establishing the value of your lost loved one’s likely future earnings, may require the help of expert witnesses. Your attorney will coordinate the testimony and evidence needed to achieve maximum financial value for all that you have lost.

How a Massachusetts Wrongful Death Attorney Helps

Working with an experienced Massachusetts wrongful death attorney allows you to focus on caring for your family and navigating your grief; your attorney will handle all the legal details that can be so overwhelming at a time of loss.

Those details can be especially complex in Massachusetts. Unlike many other states, in which a surviving spouse or child can directly file a wrongful death suit, in Massachusetts that claim can only be filed by the personal representative of the deceased person’s estate. That means it is typically necessary to file a probate case, have a personal representative appointed, and then file the wrongful death claim. While the personal representative files the suit, any money recovered is for the benefit of the survivors, such as spouse and children, not creditors of the estate.

There is also a shortened deadline to file a wrongful death claim in Massachusetts if you are suing a government entity such as the MBTA, as well as complex procedural requirements before filing a case. An experienced wrongful death attorney will navigate these requirements on your behalf and ensure your claim is filed in a timely and correct manner.

As with other types of personal injury cases, the concept of “modified comparative negligence” applies in wrongful death cases. Any recovery available to the victim’s estate is reduced by the percentage of their negligence. If the deceased was found to be 15% at fault in an accident, for example, the estate could recover 85% of the total damages. If the deceased was found to be more than 50% at fault, recovery is barred altogether. It’s critical to have an attorney who can challenge allegations that the victim was at fault and preserve survivors’ right to compensation.

Why Work with Sarno Legal, PLLC?

The “big billboard” cases you see advertising everywhere have a particular business model: settle a high volume of cases as quickly as possible. They take their cut of the settlement and move on to the next case. The focus is on speedy resolutions, not the best possible outcome or personal support.

When you’ve lost someone you love to negligence, you want an attorney like Asaf J. Sarno who will do everything possible to make things right. That means thoroughly investigating and preparing your case, supporting you at every step, and pursuing your rights diligently all the way through trial if necessary. Asaf is a seasoned trial attorney; he is at home in the courtroom, and he knows how to prevail there. When the insurance company knows your attorney is unafraid to try your case, they are likely to make a better settlement offer.

Asaf J. Sarno understands that wrongful death cases aren’t just about the settlement or the verdict; they are about people who have suffered an unspeakable loss. That’s why he prepares so thoroughly and works so hard; he genuinely cares about protecting you and your family.

Work with an Experienced Wrongful Death Attorney

You don’t have to endure your loss, or navigate the legal process, alone. Work with an attorney who has your best interests at heart. Contact Sarno Legal, PLLC to schedule a free consultation.