A wrongful death occurs when someone loses their life due to another party’s negligence or intentional actions. In Massachusetts, surviving family members can pursue a wrongful death claim to seek justice and compensation for their loss. Understanding the legal framework for these claims is essential for grieving families who want to hold responsible parties accountable.
Who Can File a Wrongful Death Claim in Massachusetts?
Under Massachusetts law, only the executor or administrator of the deceased person’s estate can file a wrongful death lawsuit. This representative is typically named in the deceased’s will or appointed by the court if no will exists.
While the executor handles the legal claim, any compensation awarded is distributed to the deceased’s surviving family members, including spouses, children, and sometimes parents or other dependents.
Grounds for a Wrongful Death Lawsuit
Wrongful death claims arise from a variety of circumstances, including:
- Car Accidents: Negligent driving, such as speeding or driving under the influence, can result in fatal crashes.
- Medical Malpractice: Errors such as misdiagnosis, surgical mistakes, or failure to treat a condition can lead to wrongful death.
- Workplace Accidents: Fatal injuries caused by unsafe conditions or defective equipment.
- Defective Products: Deaths caused by dangerous or poorly designed products.
The key element in a wrongful death claim is proving that the death was caused by another party’s negligence, recklessness, or intentional misconduct.
Damages Available in Wrongful Death Cases
Massachusetts allows families to seek compensation for several types of damages in a wrongful death claim, including:
- Economic Losses: Medical expenses, funeral costs, and lost income the deceased would have earned.
- Non-Economic Losses: Compensation for the pain and suffering endured by the deceased, as well as the loss of companionship and guidance for surviving family members.
- Punitive Damages: In cases of willful, wanton, or reckless conduct, courts may award additional damages to punish the wrongdoer.
Calculating these damages requires careful documentation and often involves expert testimony to estimate the financial impact of the loss.
How to File a Wrongful Death Claim
Wrongful death claims must be filed within three years of the date of death under Massachusetts’ statute of limitations. Acting promptly is crucial to preserving evidence and building a strong case. Families should consult an experienced attorney who can:
- Investigate the circumstances of the death.
- Identify responsible parties.
- Collect evidence to prove liability.
- Advocate for fair compensation.
Seek Justice for Your Family’s Loss
If you have lost a loved one due to another party’s negligence, an experienced Massachusetts wrongful death attorney can help you navigate the legal process. Contact Kajko, Weisman & Colasanti to discuss your case and pursue the justice and compensation your family deserves during this difficult time.
