What Constitutes Wrongful Death in Massachusetts?
No amount of compensation can fill the void left by someone’s passing. However, filing a wrongful death claim can provide the decedent's family with adequate financial assistance to cover funeral expenses, medical costs incurred before the victim's death, and more. By seeking to hold the responsible party liable, you may even be able to prevent future negligence. According to Massachusetts law, to establish a wrongful death claim, the plaintiffs must prove that a person or company caused the death of another by:
- negligence, or failing to exercise reasonable care
- a malicious, willful, wanton or reckless act of gross negligence, or
- a breach of warranty
In all three cases, a wrongful death claim may be pursued if the deceased person could have filed a personal injury case based on the same incident if they had lived. A wrongful death claim resembles a standard personal injury claim in this way.
Filing A Wrongful Death Claim
In both Massachusetts and Rhode Island, only an executor or administrator of a deceased person’s estate can bring a wrongful death claim (however, there can be co-executors to an estate). You can’t wait forever to file a claim. The time limit for filing a claim in Massachusetts and Rhode Island, according to their wrongful death statute of limitations, is within three years of the person’s death. If you feel you have a personal injury or wrongful death case, it is imperative that you act immediately to protect your rights.
Hiring Legal Counsel
The loss of a family member can have a long-term impact on your emotional and financial health. Hiring a knowledgeable Massachusetts wrongful death attorney is the first step in pursuing the compensation you deserve. At Combies Hanson, P.C., we’re devoted to protecting the rights of wrongful death victims and their loved ones. As dedicated wrongful death lawyers, we can conduct a comprehensive investigation, gather necessary evidence, and help demonstrate that the death resulted from wrongful conduct. We offer detailed guidance, support, and representation in your wrongful death lawsuit because no one should have to go through this alone.