Boston, Massachusetts
529 Main St, #128
Boston, MA 02129
(617) 778-1000
At Bellotti Law Group, P.C. our skilled attorneys are committed to providing our clients with exceptional service with their personal injury cases in Boston, MA.

4 FAQ About Wrongful Death Lawsuits July 15, 2019

Boston, Suffolk
4 FAQ About Wrongful Death Lawsuits, Boston, Massachusetts

If a person is hurt because of another person’s negligence, they may choose to file a personal injury lawsuit. The resulting compensation can cover costs like medical bills and lost wages. If the person’s injuries are so severe that they pass away, it’s possible for their loved ones to take legal action in the form of a wrongful death lawsuit. Find out how the process works below.

Wrongful Death Lawsuits Questions Answered

Who can file a wrongful death lawsuit?

Only the executor or administrator of the deceased’s estate can file a wrongful death claim. This individual is named in the will. If there is no will, surviving family members may appoint a trustworthy individual, such as an attorney, to file the claim. If the lawsuit is successful, the damages are deposited into the deceased's estate.

What does it take to win a case?

wrongful deathThe key to winning a wrongful death case is proving that the other party acted negligently and that this carelessness directly led to the fatal injuries of the deceased. Proving this could require medical reports, witness testimonies, and photos of accident scenes.

What types of damages are possible?

Possible damages are diverse and include funeral fees, medical costs the deceased incurred, and compensation for pre-death pain and suffering. The value of their expected income over their lifetime as well as the loss of care, guidance, or nurturing they provided are also considerations. 

How timely should this claim be filed?

As with any personal injury case, there is a statute of limitations. You must file the claim within a certain timeline or you lose the right to take legal action. In Massachusetts, wrongful death claims must be filed within three years of the day the deceased passed away. If the executor or administrator of the will wasn't initially aware that a wrongful death claim was available, then the claim must be filed within three years of the date that they found out.

 

 

Wrongful death lawsuits are complex and require a dedicated lawyer. For assistance with your case in the Greater Boston area, trust Bellotti Law Group, P.C. This law firm has been in business since 1989 and is known for their reliable work. Their attorneys assist clients with cases ranging from personal injury to civil litigation and wrongful death to construction accidents. To browse their wrongful death expertise, visit their website. Call (617) 778-1000 to schedule an appointment. 

Other Announcements, Events and Deals from Bellotti Law Group, P.C.
Fighting Traffic Tickets in Massachusetts, Boston, Massachusetts
In Massachusetts, if you have received a traffic ticket, don't procrastinate in deciding how you will respond. You have a maximum of 20 days from the issuance date of the ticket to f...read more
4 FAQ About Workers’ Compensation Benefits During COVID-19, Boston, Massachusetts
Many employees are covered by workers’ compensation that protects them from work-related hazards, including injuries and illnesses. With COVID-19, there has been an exponential ...read more
4 FAQ About Construction Accidents, Boston, Massachusetts
Construction sites are dangerous environments, and even with all necessary precautions, construction accidents can still occur. If you were hurt on a job site, you might be wondering...read more
3 Tips for Discussing Safety Concerns With a Foreman, Boston, Massachusetts
Construction accidents injure nearly 200,000 workers every year and often result in life-changing consequences. To minimize the risks, the Occupational Safety and Health Administrati...read more
How Can a Lawyer Help You Escape Domestic Abuse in Quarantine?, Boston, Massachusetts
The COVID-19 pandemic has forced many into shelter-in-place or quarantine situations to flatten the curve and curb the virus' spread. Unfortunately, asking citizens to stay safe at h...read more