Wrongful death compensation aims to address the tangible and intangible losses resulting from a loved one’s death caused by another’s negligence or wrongdoing. This article will explore the damages available in wrongful death settlements, factors that affect the payout, and the legal process for filing a claim. If you’ve lost a loved one, Attorney Jim Glaser and his experienced team at Jim Glaser Law is here to help you seek the compensation your family may deserve.
Table of Contents
- Damages That Can Be Recovered in a Massachusetts Wrongful Death Claim
- Factors That Increase or Decrease a Massachusetts Wrongful Death Settlement
- Who Receives the Damages in a Wrongful Death Claim?
- Are There Punitive Damages in Massachusetts Wrongful Death Cases?
- Are There Caps on Damages in Massachusetts Wrongful Death Settlements?
- How Long Do You Have To File a Wrongful Death Claim in Massachusetts?
Damages That Can Be Recovered in a Massachusetts Wrongful Death Claim
When a loved one’s life is tragically cut short due to someone else’s negligence or misconduct, Massachusetts law allows surviving family members to pursue a wrongful death claim. Damages in these claims vary depending on the specific circumstances of the case, but they are generally categorized into 2 main types:
Economic Damages
Economic damages are designed to compensate for measurable financial losses incurred as a result of the death. These damages provide a tangible way to address the financial burden left behind. Common forms of economic damages include:
- Medical Bills Before Death: If the deceased received medical treatment before passing away, the costs of hospitalization, surgeries, medication, or other care are recoverable in a claim.
- Funeral and Burial Expenses: The costs associated with giving your loved one a proper burial or cremation, along with funeral services, can often put a financial strain on a family.
- Loss of the Deceased’s Income and Benefits: When the person who passed away was a financial provider or contributor, their absence can leave a significant hole in the family’s budget. Compensation can cover lost wages, potential future earnings, pensions, and any benefits like health insurance the deceased would have provided.
Non-Economic Damages
Non-economic damages refer to losses that are less concrete but equally significant. They seek to address the emotional and psychological toll the death has taken on surviving family members. Examples of non-economic damages include:
- Pain and Suffering Endured by the Deceased: If the victim experienced pain, fear, or suffering before passing away, the family can seek damages to acknowledge this hardship.
- Loss of Companionship, Guidance, and Emotional Support: The emotional void left by the deceased—be it that of a loving spouse, an encouraging parent, or a supportive sibling—deserves recognition. Compensation may reflect the absence of companionship, nurturing, or mentorship they once provided.
- Mental Anguish of Surviving Family Members: The trauma and grief experienced by family members in the wake of a loved one’s wrongful death can be significant. Damages can account for this emotional distress.
Factors That Increase or Decrease a Massachusetts Wrongful Death Settlement
The amount awarded in a wrongful death settlement is not fixed—it depends on various factors that influence both the value and viability of the claim. These include:
- The Age, Health, and Earning Potential of the Deceased: A younger individual with many working years ahead typically results in higher compensation than a retired senior with limited income. Healthy individuals with promising careers may have claims tied to their future potential earnings or contributions to the family.
- The Degree of Negligence or Misconduct: If the negligence was blatant or egregious, it can lead to higher settlements, as courts may seek to hold the responsible party fully accountable. For example, a drunk driver causing someone’s death might result in greater compensation than an unintentional mistake.
- The Financial and Emotional Impact on Family Members: The court often considers the direct effect of the loss on surviving family members. If the deceased was the sole provider or a deeply involved parent, the resulting emotional and financial impact will likely increase the value of the claim.
- The Role of a Wrongful Death Attorney: Legal representation can make a significant difference. An experienced attorney can investigate the case thoroughly, present compelling evidence, and negotiate with insurance companies to help maximize the potential settlement.
Who Receives the Damages in a Wrongful Death Claim?
Massachusetts has specific laws to determine who is eligible to file and benefit from a wrongful death claim. Typically, the executor or administrator of the deceased’s estate is responsible for initiating legal proceedings. Once a settlement is reached, the distribution of damages follows these general rules:
- Immediate family members, such as a surviving spouse, children, or parents, receive priority in most cases.
- If no immediate family exists, damages may be distributed to extended relatives, depending on the circumstances.
Settlements are ultimately divided according to the deceased’s will (if there is one) or state inheritance laws.
Are There Punitive Damages in Massachusetts Wrongful Death Cases?
Yes, Massachusetts allows punitive damages, but only in specific situations. If the death occurred due to “malicious, willful, wanton or reckless conduct” or “gross negligence”, the court might award punitive damages. These damages are not intended to compensate the family but rather to punish the responsible party and discourage similar behavior.
The law sets a minimum punitive damage award of $5,000, but the court could increase this amount depending on the offense’s severity.
Are There Caps on Damages in Massachusetts Wrongful Death Settlements?
Unlike in some states, Massachusetts does not impose statutory caps on the damages recoverable in wrongful death claims. This means families can seek full compensation for the economic and non-economic losses they’ve experienced. Whether the settlement reaches thousands or even millions of dollars depends on the specific details of the case.
Families are not limited in their recovery, helping ensure that they receive adequate support to move forward.
How Long Do You Have To File a Wrongful Death Claim in Massachusetts?
Under Massachusetts law, the statute of limitations for filing a wrongful death claim is 3 years. This time limit begins either:
- On the date of death, or
- The date the cause of death was reasonably discovered (in cases where the cause wasn’t immediately apparent)
Failing to file within these 3 years means you’ll lose the legal right to seek compensation. Time sensitivity is especially important in wrongful death cases because evidence deteriorates or disappears, and witnesses’ memories may fade. Ensure you act quickly to preserve your claim.
If you’ve lost a loved one, consult an experienced wrongful death attorney to guide you through the legal process. A firm like Jim Glaser Law can help you gather evidence, handle the paperwork, and build a strong case to pursue the justice you and your family deserve.
