Understanding Massachusetts Wrongful Death Cases

When people talk about or write about injuries that happen in injury claims, they often don’t talk about the most horrific injury of all: one that causes death. The loss of a loved one, not because of a disease or an unavoidable accident, but rather because of someone’s negligence or carelessness, is the ultimate loss that family members and loved ones can sustain.

Causing the Death

When someone is in an accident and the accident causes the victim to die, the case becomes a wrongful death case.

That’s an important first step—the victim must die because of injuries sustained in the accident. Sometimes that’s obvious, easy to prove, and not contested. But other times, it may not be so clear whether someone passes away because of injuries sustained in the accident, or whether they passed away because of unrelated causes.

Who Brings the Case?

The wrongful death claim must be brought by the executor or personal representative of the deceased’s estate. That means that an estate in the probate court may need to be opened, in order to allow the estate of the deceased to sue for wrongful death.

Note that although the personal representative or executor of the estate is the one that is the actual Plaintiff in the wrongful death lawsuit, it is the family and beneficiaries of the deceased, who will receive whatever compensation is obtained from the lawsuit.

Damages in Wrongful Death Cases

Wrongful death cases allow the loved ones and family members to sue and recover damages on behalf of the deceased, as if the deceased were alive and able to sue for him or herself.  However, wrongful death does not focus on the losses suffered by the deceased, but rather, the losses suffered by the estate (the loved ones, next of kin or beneficiaries) of the deceased.

So, typical damages in a wrongful death case may include any income or financial support that loved ones could have or would have received from the deceased. Family members and loved ones can also recover damages for the loss of companionship, support, love, or guidance provided by the deceased, and all the other things that we receive from family that go beyond finances or financial support.

Loved ones can also get compensation for medical bills and expenses, and funeral expenses, incurred by the deceased, and which the estate may have to pay, if the Defendant in the wrongful death case isn’t made to pay for them.

Time to FIle the Case

There is only a three year time limit to file a wrongful death case. Remember, the estate must file the case. That means that an estate may need to be opened before the wrongful death case is filed, and that can take some time. Family members shouldn’t wait before visiting an attorney to see about obtaining justice and compensation for the death of a family member.

Has a loved one died because of injuries sustained in an accident? We can help you with your wrongful death case. Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200.

Source:

malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229