Wrongful Death

Honoring our Families, Repairing Hurt and Loss

Steven H. Schafer & Associates helps people exercise their rights when a family member has died due to negligence and carelessness.

No amount of money could ever replace a parent, spouse, sibling or child, but justice requires that wrongdoers be held accountable and that action be taken to prevent other families from suffering similar losses.

Wrongful death claims can fall under one of the following areas of personal injury law:

  • Automobile and trucking accidents
  • Accidents at work, including construction-site accidents
  • Medical malpractice and malpractice by other professionals, like negligence by an architect or engineer
  • Nursing home negligence and abuse
  • Sports and recreation accidents
  • Product liability involving unsafe and defective products

We can help you determine your legal rights as beneficiaries and fight for the justice you deserve.

 

Recovering Damages for Massachusetts Wrongful Death Cases

If a member of your family passed away because of some one else’s negligence or carelessness, your family may be entitled to compensation for the following damages:

  • Pain and suffering experienced by the deceased
  • Medical expenses incurred before death
  • Loss of earnings incurred before death, and into the future
  • Funeral and burial costs
  • Loss of consortium and society, including loss of affection, companionship, support and services, and other elements of the relationship
  • Punitive damages in cases of gross or willful negligence

Statute of Limitations. Generally, Massachusetts provides three years for survivors and next of kin to file a wrongful death claim, but the facts of your particular case may result in less time or special notice requirements. Due to the time necessary to properly gather evidence and investigate a case before filing suit, and the need to preserve evidence, you should retain an attorney immediately upon suspecting the basis for a wrongful death claim.

 

How We Use Evidence to Win Wrongful Death Cases

From the inception of a case, we consider the types of “demonstrative evidence” that will bring alive key pieces of evidence and help a jury understand your case.

In wrongful death cases, we work closely with your family to identify significant pieces of memorabilia – such as photographs, videos, cards, letters, diplomas, certifications, crafts and the like - that best dignify the accomplishments of the person who has passed away and the loving relationships that have been lost. We obtain academic transcripts, personnel files and earnings information to establish the economic loss to the family.

Please see How Evidence Wins Cases, as well as pages pertaining to our Areas of Practice for other examples.

 

Results for Wrongful Death Cases

We have 25 years experience in winning wrongful death cases:

  • $1.25 million recovery against obstetrician and nurses in wrongful death case for family of child who died from oxygen deprivation because of delayed Cesarean section after mother attempted VBAC delivery
  • $750,000 recovery against radiologist who missed suspicious mass on mammogram, resulting in woman’s death from breast cancer
  • $650,000 recovery in wrongful death case involving shipyard worker whose signs of an incipient stroke were mistaken for developing pneumonia
  • $400,000 recovery in wrongful death case against nursing home for Alzheimer's patient who fell from chair while left unattended; patient sustained fractured hip that hastened her decline
  • $500,000 settlement for family of elderly woman who died from delayed diagnosis of colon cancer after primary care physician failed to order screening colonoscopy
  • $500,000 settlement against general contractor for siblings of carpenter who fell through uncovered hole in roof
  • $1.5 million recovery in wrongful death case against sand and gravel facility; mason suffocated after being buried by sand pile while loading his truck; facility was previously cited for failing to "trim" sand piles

We are sorry for your loss and know how to fight for the justice your family deserves.