Massachusetts Legal Blog
Under Massachusetts laws an individual or entity may have liability for someone’s death if they exhibited negligence, committed a willful or wanton act, or breached a warranty. A claim for damages may be pursued if, had the deceased lived, he or she would have been eligible to bring a personal injury action. Damages may be recovered in an act of tort by the executor or administrator on behalf of the estate.
Wrongful death actions have a statute of limitations of three years. Certain incidents do not allow actions of wrongful death—such as many accidents relating to railroads or streetcars—but may have other legal options. Claims of wrongful death are civil and would be separate from any associated criminal charges. Commonly awarded damages include amounts of expected lifetime earnings, loss of companionship and counsel, and expenses for a funeral and burial, among others.
Losing a family member is painful and when your family loses a family member because of the action or inaction of another person, the loss is compounded with anger. In addition to losing your loved one, you are facing a life without their companionship and in addition, very real monetary losses. There is no doubt that no amount of money will ever mitigate the loss but the fact remains, you have the legal right in the Commonwealth of Massachusetts per Massachusetts General Laws Chapter 229, Section 2 to file a wrongful death lawsuit. Read the rest »
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