M.G.L. c. 229 governs wrongful death claims brought forth in Massachusetts. It identifies the appropriate parties, reviews the available defenses, and outlines the types of damages that may be recovered in a wrongful death action.
Wrongful death claims rival a personal injury claim except the individual who was actually injured is deceased.
M.G.L. c. 229 § 2 requires that a plaintiff in a wrongful death action be the executor or administrator of the deceased injured party’s estate. Any damages recovered in a suit for wrongful death will be paid out to the deceased person’s estate. An executor or administrator can file a wrongful death claim for negligence, reckless conduct, or breach of warranty by an individual or company.
Damages in a wrongful death case in Massachusetts include, but are not limited to, lost income of the deceased, companionship to family members, and burial expenses. In addition, punitive damages may be available. Punitive damages are not meant to compensate the family for the untimely loss of the deceased, but rather are damages intended to punish the party that caused the death for particularly egregious conduct. These damages send a message to other parties that such behavior will not be tolerated in Massachusetts.
Massachusetts law requires any wrongful death suit be filed within three years of the date of death.
If you believe your loved one was the victim of a wrongful death, the experienced personal injury attorneys at Advocates Legal Group, LLP can help you determine the value of your claim and can bring the appropriate action for recovery. We will help you prepare your case in a way that demonstrates the other side is responsible for injuries and other losses. We can also help you understand the strengths and weaknesses of your case and build a strategy to ensure the most successful outcome possible. Although the recovery process can be stressful, you do not need to go at it alone. We will be on your side every step of the way to advise you of your rights, options, and navigate you through the process. Call us now at (508) 796-5737, or email us at info@advocateslegalgroup.com, for a free case evaluation.
