Sharon, MA, Wrongful Death FAQs
Jimmy Knows!® that you have a lot of questions during this time, and he is here to answer those questions and help you seek legal guidance.
Who can sue for wrongful death in Massachusetts?
Under Massachusetts law, a wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. This person is typically named in the deceased’s will. If no executor is named, the court will appoint an administrator to handle the estate’s affairs, including the wrongful death claim.
Who receives compensation in a wrongful death settlement?
While the executor or administrator files the claim, the compensation is intended to benefit the deceased’s surviving family members, including:
- Spouse: The spouse may receive compensation for loss of companionship and emotional suffering.
- Children: If the deceased has surviving children, they may be entitled to compensation for the loss of parental guidance and financial support.
- Parents: If the deceased was unmarried and had no children, the parents may be eligible to recover damages for their loss.
What are the requirements to file a wrongful death claim?
To file a wrongful death claim in Massachusetts, certain legal requirements must be met:
- Negligence or Wrongful Conduct: The death must have been caused by another party’s negligent, reckless, or intentional actions.
- Executor or Administrator of the Estate: Only the executor or administrator of the deceased’s estate can file the claim.
- Statute of Limitations: The claim must be filed within 3 years of the date of death, with some exceptions for delayed discovery.
- Proof of Damages: The claim must demonstrate measurable losses, such as medical expenses, funeral costs, and emotional suffering.
If you meet these criteria, a Sharon wrongful death lawyer can help you move forward.
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What does the average wrongful death settlement cover?
The average wrongful death settlement typically covers both economic and non-economic damages. This may include:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and future financial support
- Loss of companionship and emotional support
- Punitive damages, meant to punish the liable party
What is “loss of consortium” in wrongful death cases?
“Loss of consortium” refers to the deprivation of the benefits of a close family relationship due to the wrongful death of a loved one. This includes loss of companionship, guidance, and emotional support. Spouses and children are often eligible to claim these damages.
What if the deceased is being blamed for their accident?
Massachusetts follows a comparative negligence rule, which means compensation may still be available even if the deceased is partially at fault. The settlement amount will be reduced by the percentage of fault assigned to the deceased. If they are found more than 50% at fault, compensation may not be recoverable.
Are wrongful death lawsuits civil or criminal cases?
Wrongful death lawsuits are civil cases aimed at recovering financial compensation for the deceased’s family. While a wrongful death case holds individuals or entities financially accountable, it is separate from any criminal charges, which focus on punishing the defendant.
Who is responsible for paying out in a wrongful death lawsuit?
The party responsible for paying out in a wrongful death lawsuit depends on who is found liable. This could include:
- An individual, such as a negligent driver
- A company, like an employer or manufacturer of a defective product
- An insurance company, covering the liable party under applicable policies
What does a wrongful death lawyer do?
A wrongful death lawyer provides essential legal support by:
- Investigating the circumstances of the death
- Gathering evidence to build a strong case
- Handling communication and negotiations with insurance companies
- Representing the family in court if a fair settlement cannot be reached
Get in touch with Jim Glaser Law today for a free consultation to see how we can help you through this difficult time.