Losing a loved one is heartbreaking in any situation. However, the loss of a parent or another family member as a result of another person’s negligence or reckless conduct can be devastating. While nothing will bring them back, a “wrongful death” lawsuit can hold the responsible person liable.
You may be entitled to seek damages in a wrongful death claim if your loved one died as a result of someone else’s carelessness or recklessness, such as in a car crash. While the rules and laws are similar to those for a personal injury claim, there are important distinctions that make these cases more complicated, and you should speak with a wrongful death attorney from the Bellotti Law Group P.C. to help you with your case.
Understanding Wrongful Death Lawsuits
When someone’s negligent or reckless acts result in the death of another person, this is known as wrongful death. Wrongful death lawsuits are filed in civil court. Because of the possibility for punishment, wrongful death lawsuits differ from criminal proceedings.
In Massachusetts, wrongful death claims can be founded on the following:
- Acts that are willful, wanton, and reckless
- Warranty infringement
The goal of a wrongful death lawsuit is to get monetary compensation for the victim’s family. These cases are intended to hold the negligent party responsible, but no criminal consequences will be imposed.
Even if criminal charges are pending, you may be able to seek damages for wrongful death. On the other hand, if the liable person did not mean to harm anyone, you may be entitled to compensation.
Who can file a Wrongful Death Lawsuit in Massachusetts?
Only the estate executor or administrator has the legal authority to initiate a wrongful death lawsuit in Massachusetts. The executor is usually named in the will of the deceased individual. The courts have the power to appoint an executor or administrator. While the executor will be the legal party in the case, the decedent’s surviving family members will be the ones who will be entitled to reimbursement in the end.
The following members of your family may be eligible for compensation:
- Surviving spouse
- Brothers and sisters of the children
- If the deceased has no immediate family, other relatives
You do not have to wait to take action if a close relative has died in an accident.
The executor of the estate will have 3 years from the date of the decedent’s death to file the claim once it has been established. The statute of limitations, which begins on the day of their death and runs for three years, begins on the date of their death. The Massachusetts courts will refuse to consider the lawsuit after this period has passed.
Damages that you may be able to seek in your claim
The decedent’s estate will be compensated for any damages awarded by the courts. As a result, in a Massachusetts lawsuit, there are very precise losses that might be claimed, including the following:
- Costs of a funeral and burial
- Health-care costs
- The monetary worth of the deceased’s lost earning potential
- Loss of love and connection
Punitive damages may also be given if the court determines that the responsible party’s actions were done knowingly, maliciously, or carelessly. The executor of the estate might be paid $5,000 or more depending on the evidence produced in court.
Contact a Massachusetts Workers Compensation Attorney dealing with wrongful death
The loss of a loved one is always heartbreaking, but with the help of a Massachusetts wrongful death attorney from Bellotti Law Group, you may be able to recover compensation. Contact us today to schedule a consultation.