When a family member suspects wrongful death of a loved one, they can file a particular type of personal injury claim known as a wrongful death claim. Even if no one is criminally responsible for the death, someone can be held civilly liable through a wrongful death claim. Common causes of wrongful death claims include accidents, defective products, exposure to hazardous materials, and medical mistakes. In Massachusetts, the decedent’s estate has three years from the time of death or time of discovery to file a wrongful death lawsuit against the liable parties. Spouses, children, and parents are given priority when
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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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Know The Legal Steps To Take After A Wrongful Death Caused By An Auto Accident
Struggling with the loss of a loved one is never easy. Figuring out the legal steps when dealing with a wrongful death due to an auto accident is difficult, which is why we’re here to help ease this troubling time. The Centers for Disease Control and Prevention (CDC) reports that there are more than 32,367 fatalities annually as a result of car crashes. Such collisions are often a result of the negligence of another person. Many drivers falsely believe that car accidents are always “accidental” and are something unfortunate that just happens. From the carelessness of another driver, the negligence
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Liability And Wrongful Death With Covid-19
In Massachusetts, over 8, 000 people have already died from Covid-19. Along with hospitals, many of these deaths have also occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties thrown by dozens or hundreds of teenagers at once, to thousands gathering to exercise their constitutional rights in protest, many Americans—and many Massachusetts residents—have knowingly and willingly acted in defiance of government safety recommendations. For the grieving survivors of COVID-19 victims or for patients slowly recovering,
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Wrongful Death Suit in Massachusetts
The heartbreak of a loved one’s death is compounded by the logistical and financial stresses of providing a burial according to the deceased’s wishes, paying off residual bills, and coping with the loss of an income. In cases where a loved one’s death was caused by another’s actions, this can be especially emotionally difficult—but the law does allow for a remedy to the financial stress caused by a wrongful death. In Massachusetts, a wrongful death is one caused by another party through negligence breach of warranty conduct which is “wanton and reckless” Excluded explicitly from these criteria are workplace deaths
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