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Wrongful Death Archives

Are punitive damages available in wrongful death actions?

When a person is hurt or killed due to the actions of another person, certain personal injury legal claims may arise that give the victim or victims options for seeking compensation for the harm they have suffered. When a Worcester resident is hurt in a car accident, they may sue the responsible party under the theory of negligence. If that individual is killed in the crash, their estate may be entitled to sue on wrongful death grounds.

Wrongful death claims based on water accidents

Over the Memorial Day holiday, readers of this Worcester personal injury legal blog may be ready to embrace the coming of summer. For many, summer means freedom from school, cookouts with friends and family and time in the water. Water time can include boating and swimming in local bodies of water, visiting the neighborhood pool or enjoying sports on the river.

Grounds on which a wrongful death claim may be based

Earlier this month, this Worcester personal injury legal blog offered an informative post about the use of a breach of warranty claim as the basis of a wrongful death lawsuit. This post will follow up on that article by briefly introducing the other two claims on which wrongful death suits may be based: negligence and reckless or wanton conduct.

Wrongful death claims may be based on breaches of warranty

Negligence often forms the basis on which many wrongful death lawsuits proceed. When a person fails to act in accordance with their expected standard of care and breaches their duty to their victim, their negligence may cause the victim's death. However, in Massachusetts a wrongful death claim can also be based on a breach of warranty and this type of claim will be explored in the remainder of this post.

Could a loved one's wrongful death be due to a drunken driver?

When we drive around in our vehicles everyday without incident, we start to become desensitized to the possible dangers on the roads. This doesn't mean that we don't drive carefully and with awareness. Rather, people think a terrible car accident injury or death couldn't happen to them or a loved one. Incidents like the sudden death of a person involved in an accident with an alleged drunk driver can put everything into perspective.

How does strict product liability work in fatal car accidents?

Finding out that a loved one has passed away in a car-related accident can be extremely devastating. The suddenness of the event and the questions of how and why can overwhelm loved ones. After a person has been put to rest, it may be time to start answering those questions. A person's death could have been related to a car defect, the type addressed by product liability claims, rather than the negligence of another driver.

Daughter killed, son injured - MA family sues Walmart for tires

It's every parents' worst nightmare. On their way to school in February 2016 a family's daughter was killed and their son was irreparably injured when the car they were driving left the road way. There had been severe weather reported in the area and school was even delayed a few hours due to that. However, the parents are alleging that it was more than snow that caused their kids' vehicle to leave the road that day.

Suspect loved one victim of wrongful death? Here are the basics

Trying to make sense of a loved one's unexpected death can be a painful and difficult experience. While loved ones need time to grieve the sudden death of their family member or friend, there comes a point where one starts to wonder exactly what caused a person's death. A coroner can tell you ultimately what physical ailment caused a person's death. However, they rarely can tell you exactly how or why it happened.

Woman arraigned in connection with fatal accident, OUI suspected

There are rules and laws for a reason. Most often, rules and laws are recommended, and ultimately enacted, because it helps to keep people safe. Putting a limitation on the amount a motor-vehicle driver can drink or what substances they can use before getting behind the wheel are aimed at ensuring the safety of everyone on the road. Sadly, a multi-vehicle crash left one dead with a woman to be arraigned in connection with her role in the crash.

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