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What Damages Can I Collect in a Wrongful Death Claim?


In the state of Massachusetts, you would have the right to file a claim for damages if another person has negligently or recklessly contributed to the wrongful death of your loved one. More specifically, the law states that one would be liable for damages if their negligence, willful or wanton recklessness, or willful or wanton reckless while operating a motor vehicle has caused the death of another.

Those who would be entitled to benefit from a wrongful death action include:

  • The surviving spouse of the decedent
  • The child or children of the decedent
  • "Next of kin" of an unmarried decedent

The types of damages that these beneficiaries may be eligible to recover include:

  • Compensation for the decedent's expected net income
  • Compensation for loss of protection and assistance
  • Compensation for loss of care and companionship
  • Compensation for loss of comfort, guidance & counsel
  • Compensation for reasonable funeral & burial expenses

In cases where the defendant's actions were malicious, willful, wanton or reckless, the surviving beneficiaries may also seek punitive damages in an amount not less than $5,000. If you believe that you are entitled to damages for the wrongful death of your loved one, you should not hesitate to get in touch with a Quincy personal injury lawyer at Flanagan & Associates as soon as possible.

Our firm is backed by more than a decade of experience, so you can trust that your case will be in capable hands when you work with one of our dedicated attorneys. When you give us a call at (781) 332-4344, we will even review your case for free. For this reason, you would have nothing to lose by taking the first step today. The sooner you contact our firm, the sooner we can help.