A wrongful death case may be brought if someone dies as a result the negligence of another, such as from a motor vehicle accident, medical malpractice, or in maintaining property.
When you lose a family member due to negligence, you are in shock because you are faced with a devastating and unexpected loss. It may take you time to process that loss before you are ready to consult an attorney. However, it is important to know that there any case must be filed within a specified time period (the statute of limitations), or you may be forever barred from doing so. In most cases, a case must be filed within three years of the death. So it is important that you contact an attorney to protect your rights as soon as you are ready.
In Massachusetts, claims for wrongful death are brought under M.G.L. Chapter 229 Section 2. Under this statute any claim for wrongful death must be brought through the estate of the deceased person by an executor, administrator or personal representative. Under this law, damages include loss of support and future net income, conscious pain and suffering, loss of care, companionship, comfort, guidance and advice.
Beneficiaries of a wrongful death claim under the statute are the surviving spouse and children of the decedent. If the decedent did not leave a spouse or children, then the next of kin will be the beneficiaries. It is important to note that as a part of making such a claim, each beneficiary must prove that he or she sustained a loss, as defined by the statute, in order to recover.
Claims for wrongful death are serious and complex. Our attorneys are experienced in handling wrongful death cases and can help you determine the best way to proceed.
Contact An Experienced Massachusetts Wrongful Death Lawyer Today
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