A Law Firm Offering Tenacious Wrongful Death Representation
There is almost nothing in life more devastating than the premature and unexpected loss of someone you love. It is even more difficult to bear if they died because of the negligence of another person, company or organization.
No amount of money can bring back the person who was taken from you, but the court system can help you mitigate the financial hardships you suffer as a result of your loss. At DiFruscia Law Offices, we are honored to help grieving families hold at-fault parties legally liable and seek maximum compensation through wrongful death litigation. We bring decades of experience to each case, as well as dedicated service and personalized attention.
What Qualifies As Wrongful Death?
As a rule of thumb, any accident or harmful scenario that would qualify for a personal injury lawsuit would also qualify for a wrongful death action. The major difference between the two is whether the victim suffered survived the accident or succumbed to their injuries. Our firm can help you file a wrongful death claim resulting from a wide variety of scenarios, including:
- Car and truck accidents
- Motorcycle crashes
- Pedestrian and bicyclist deaths
- Fatal accidents on dangerous private property
- Deaths caused by dangerous and defective products
- Dog bites and animal attacks
It is even possible to file a wrongful death lawsuit if your loved one was killed by someone else’s intentional criminal act. The at-fault party will likely face criminal charges, but you can also hold them separately liable in a civil lawsuit.
Third-Party Liability After A Workplace Death
The law generally prohibits lawsuits against an employer when one of their employees dies in a workplace accident. But workers’ compensation death benefits may be available. What’s more, you are allowed to sue any third party that may have been responsible for your loved one’s fatal workplace accident.
For instance, construction accidents can cause serious injuries, and worksites often have many contractors and subcontractors working at the same time. If your loved one’s accident was caused by someone who worked for a different company present at the worksite, you may be able to sue that other party for wrongful death.
Truckers and other commercial drivers face risks of fatal auto accidents every day. If your loved one was killed in a crash caused by a negligent driver, wrongful death litigation may be both possible and appropriate.
Who Can Be A Plaintiff In A Wrongful Death Lawsuit?
In a personal injury matter, the injury victim is the plaintiff seeking compensation. However, since that is not an option in a wrongful death lawsuit, someone else needs to file suit on the victim’s behalf.
Laws vary by state regarding who has “standing” (i.e., the legal right) to sue for wrongful death. In Massachusetts, only the executor of the deceased person’s estate has the standing to bring a claim. If the victim did not name an executor in their will, one will be appointed by the court.
New Hampshire’s wrongful death laws are much more permissive in this particular area. They state that anyone who has a legal interest in the deceased person’s estate has the standing to file a wrongful death lawsuit. In many cases, this means that a victim’s surviving family members can sue for wrongful death, so long as those family members were named as heirs or had other legal ties to the estate.
Our Firm Is Here To Listen And Help
Located in Methuen, DiFruscia Law Offices serves clients in Massachusetts and New Hampshire. To discuss your legal options for free with our experienced and compassionate attorneys, give us a call at 978-208-2566 or fill out our online contact form.