Westfield, MA, Wrongful Death Lawyer

Death is a fact of life. However, not all deaths should occur when and how they do. Negligent and unlawful acts take people away from loved ones before their time. When this happens, surviving family members may receive the benefits of a wrongful death lawsuit filed on behalf of the decedent’s estate by an experienced Westfield, MA, wrongful death lawyer.

Why Choose Us?

Winning Is NO Accident!

Clients choose Cava Law Firm because of our track record of successfully recovering injury and wrongful death damages for victims and their families. We care deeply about each client’s future and aggressively pursue every penny available for their losses. If you have lost a loved one, look no further than our experienced team of Westfield, MA, wrongful death attorneys.

Choosing us means choosing a firm with:

  • Decades of combined experience;
  • Award-winning and industry-recognized attorneys;
  • 24/7 availability;
  • Free initial consultations; and
  • Tailored legal representation.

When families lose a loved one, they deserve an advocate to fight for compensation for what they have lost. Cava Law Firm is an aggressive advocate always ready to fight for its clients.

For a free consultation with an experienced wrongful death attorney serving in Westfield, MA, contact Cava Law Firm today. We are ready to answer your questions and discuss your case. Call (413) 737-3430 or (413) 781-CAVA (2282) today.

Understanding Wrongful Death in Massachusetts

Wrongful death in Massachusetts occurs when a party causes the death of another by negligence or a willful, wanton, or intentional act. In other words, wrongful deaths are premature deaths caused by some party’s unlawful actions.

How Wrongful Death Occurs

As you might imagine, wrongful death can occur in all manner of everyday circumstances. The following are among the most common contexts for wrongful death in MA:

In most of these cases, a negligent, wanton, or willful act is the cause of the death. For example, speeding and drunk driving cause many wrongful deaths in traffic. In the healthcare context, negligent medical professionals can cause deaths. Whatever the situation, your Westfield, MA, wrongful death attorney must prove precisely how the death was wrongful in order to collect damages.

Wrongful Death Damages

Wrongful death damages are economic or non-economic in nature. Economic damages cover losses such as:

  • Medical expenses for the decedent;
  • Loss of income and support; and
  • Funeral expenses.

Economic damages, on the other hand, cover intangible harms, such as:

  • Loss of consortium;
  • Loss of companionship; and
  • Loss of parental guidance.

Our wrongful death attorneys serving Westfield, MA, meticulously calculate and pursue every form of wrongful death compensation available for our clients.

Filing a Wrongful Death Claim

In Massachusetts, the law is clear that only the personal representative of a decedent can file a wrongful death claim. A personal representative is an individual in charge of administering a decedent’s estate. In many cases, decedents have already chosen their personal representatives through estate planning paperwork.

However, this is not always the case. In some instances, no personal representative has been chosen at all. When this occurs, the court will appoint a personal representative to aid in the administration of the estate. In many cases, the court will pick an immediate family member.

Beneficiaries of Wrongful Death Actions

Keep in mind that just because family members cannot initiate a wrongful death lawsuit does not mean that they do not benefit from such actions. Wrongful death proceeds are meant to be distributed to certain of the decedent’s family members, including:

  • Surviving current spouse;
  • Children;
  • Parents; and
  • Other family members.

Generally speaking, the proceeds first go to the decedent’s immediate surviving family members of their household, i.e., the spouse and children. If there are no immediate household family members to receive the benefits of a wrongful death lawsuit, the proceeds will then go to other family members, such as the parents or siblings.

Cava Law Firm fights hard to collect every form of compensation available to clients. 

Frequently Asked Questions

Questions about wrongful death are common among our clients. Feel free to contact us with more questions after reading through the answers below.

What is the statute of limitations for wrongful death claims?

Wrongful death lawsuits in Massachusetts are governed by a statute of limitations of three years. The personal representative of the decedent must file suit within three years of the death of the decedent to preserve the claim. Failure to do so leads to a loss of the right to sue for compensation. The clock starts counting down on the date of the decedent’s death.

Will there be a trial?

Likely not. Most wrongful death cases do not go to court. Instead, they are resolved during settlement negotiations. Some wrongful death cases do require trials, but not many, comparatively.

How long do wrongful death cases take to resolve?

Ultimately, the time it takes to resolve a wrongful death claim depends on the specific circumstances of that claim. In some cases, wrongful death claims can be resolved within a matter of months. However, in other cases, it can take more than a year or even longer.

In every case, Cava Law Firm’s wrongful death attorneys serving Westfield, MA, work diligently to get their clients paid in as timely a fashion as possible under the circumstances.

How much compensation is available in wrongful death claims?

It depends on the specific circumstances of the wrongful death and the resulting damages. Each case is unique, as are the needs of each family that grapples with wrongful death. Some families receive more damages than others owing to the amount of loss calculated during the compensation process.

Regardless of the circumstances, it is important to have an experienced wrongful death attorney on board to ensure that no compensation is left behind.

More questions? We are ready to take your call and get you the answers you deserve.

Meet With an Experienced Wrongful Death Lawyer Today

Wrongful Death Representation You Can Trust

Wrongful death attorneys protect the interests of decedents and their families by fighting for the compensation that they deserve. If you have lost a loved one and need justice, Cava Law Firm is ready to help.

Contact Cava Law Firm for a free consultation and the representation you deserve. Your loss matters to us. Call (413) 737-3430 or (413) 781-CAVA (2282) today.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]

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