How to File a Wrongful Death Claim in Massachusetts
To file a wrongful death claim in Massachusetts, the personal representative of the deceased person’s estate must file a lawsuit in the appropriate Massachusetts court against the responsible party. You must document evidence that shows who is at fault and backs up the value of the claim. Working with a wrongful death attorney in Massachusetts can minimize the risk of costly mistakes. Here is what you need to know about filing a lawsuit after the loss of your loved one with the help of a Boston wrongful death lawyer.
Make Sure You Can File a Wrongful Death Claim
Massachusetts law requires that a personal representative, such as the executor of the will and estate, file a lawsuit against the at-fault party. This is often a person named in an estate plan or will, but the court may appoint one if no one is named. It is most often a close family member. The compensation recovered from the claim, if awarded, goes to the estate, which is then paid to beneficiaries during the settling of that estate.
The Massachusetts Wrongful Death Act (M.G.L. c. 229, § 2) defines a family member who could seek compensation as:
- The surviving spouse
- Children
- Parents of the deceased if no spouse or children remain
- Dependents and heirs
There are exceptions to these rules, but the court must approve those decisions.
Prove Negligence Occurred
To be successful, you must show that the wrongful death was due to the negligence of the at-fault party. To prove negligence, the other party must owe a duty of care, fail in that duty of care, and cause an accident that results in the loss of life. Your wrongful death attorney will help you demonstrate this with evidence. Examples of causes of wrongful death may include:
- Car accidents
- Medical malpractice
- Workplace accidents
- Truck accidents
- Premises liability matters
- Product liability losses
Proving negligence can be challenging. It can be particularly hard to obtain the necessary evidence to support your claim.
Prove the Value of the Claim
The next step in filing a wrongful death claim in Massachusetts is to value the losses suffered. You can seek compensation for all types of losses, including:
- Medical expenses from prior to the death
- Funeral and burial costs
- Loss of companionship and emotional support
- Loss of financial support
- Pain and suffering
Your attorney will evaluate numerous factors to determine the value of the claim. An aggressive lawsuit should include any and all types of losses that may apply.
File with the Court
Under Massachusetts law, the family has three years from the date of the death to file a lawsuit against the at-fault party. If you do not file with the court within that timeframe, you lose the opportunity to seek justice. Keep in mind that three years can seem like a long time. However, it is often challenging to wait that long to file a claim since evidence may not be as readily available.
With all of these details, you then must file the lawsuit with the Superior Courts. These are county courts where the accident occurred or where the accident victims lost their lives.
Working with an Attorney
Working with a wrongful death attorney in Massachusetts is a critical investment in these cases. Evidence and data can be hard to obtain without a legal representative working for you. With so much on the line, it can be essential to gain an advocate working for you.