My husband was in a fatal accident, can I file a wrongful death claim?

Under Massachusetts law, a person or company may be liable for wrongful death if the death of another is caused by (1) negligence, or failing to exercise reasonable care, (2) a “wanton or reckless act,” or (3) a breach of warranty. In order to bring forward a wrongful death claim, the surviving individual must have suffered damages due to the untimely death of another. Precisely who those survivors can be varies from state to state. Massachusetts requires “the executor or administrator of the deceased” to file a wrongful death claim in court. This refers to the person responsible for following
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How is a Negligent Driver Held Responsible for his or her Actions in Massachusetts?

If you have been injured in a car accident that was not your fault, you need to know how the insurance companies determine fault in order to get the compensation you deserve. The commonwealth of Massachusetts is a modified no-fault insurance state. This means that if an individual is deemed to be over fifty percent at fault, they can be held responsible. This also means that, regardless of fault, your own insurance company will pay for your injuries, up to your policy limit. Additionally, Massachusetts law allows individuals the right to legally sue the at-fault party for non-monetary damages, i.e.,
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How long do I have in MA to claim injury after an accident?

The Massachusetts General Code explicitly says there is a two-year period in which to claim personal injury after an accident. However, the law also stipulates that you make your claim “as soon as practicable after the accident occurs from which such claim arises” (Title XIV, Section 90, Chapter 34M) Depending on who was found to be at fault in the accident, either your insurance or the other party’s is responsible by law for paying legitimate medical expenses, arising directly from the accident, up to the limits of the relevant policy. They must begin payment on these reported expenses within ten
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Understanding Your Rights in a Car Accident: Massachusetts Personal Injury Claims Explained

You could be driving down I-95 during rush hour when suddenly a person driving a large SUV whips into your lane and causes you to rear-end him. However, there were multiple witnesses who reported to Massachusetts State Police that the other driver was speeding. Three witnesses reported he was weaving in and out of traffic. Suddenly, what could have been your fault is a clear case of reckless driving, but, thank goodness, people were willing to share what they saw with the police. Now, you’re laid up in a nearby hospital awaiting surgery for multiple hip and leg fractures. This
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