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?
The 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.