Who Can File a Wrongful Death Suit?
In Massachusetts, a wrongful death is a death caused by someone else’s negligence, breach of warranty, or willful, wanton or reckless act. A wrongful death lawsuit can be filed following many different preventable accidents. The law has restrictions, however, on who has the legal right to file a wrongful death suit in Massachusetts.
Who Can File a Wrongful Death Claim in Massachusetts?
If you believe that your loved one’s death meets the definition of wrongful death, the first step is to determine if you are the party outlined by state law that has the right to file this type of lawsuit. Most states allow surviving family members and loved ones to file wrongful death claims. The Commonwealth of Massachusetts, however, does not.
In Massachusetts, only the executor (also called the administrator or personal representative) of the deceased individual’s estate has the ability to file a wrongful death claim. If the victim left behind a will, this should name the executor of the estate. Due to the unexpected nature of wrongful death, however, many victims do not have wills. In this case, the courts will appoint an executor or administrator.
What Is Wrongful Death?
Next, the executor must determine if a victim’s death fulfills the state’s definition of wrongful death. The definition varies slightly from state to state, but the main concept remains generally the same. According to Massachusetts General Laws Annotated Chapter 229, Section 2, wrongful death is a death under such circumstances that the deceased individual could have recovered financial compensation for personal injuries had death not ensued.
Negligence is the basis for the majority of wrongful death lawsuits in Massachusetts. In civil law, negligence is an act or failure to act that falls short of the defendant’s legal or ethical duty of care. A duty of care is an obligation to act how a reasonable and prudent party would in similar circumstances. Examples of negligence-based accidents are car crashes and slip and fall accidents.
A willful, wanton or reckless act goes beyond simple negligence and into someone knowingly or intentionally harming the victim. If the defendant knew or reasonably should have known that his or her actions could cause serious bodily injury to others, the defendant is guilty of a willful or wanton act. Examples include driving under the influence and physically assaulting someone. Finally, a breach of warranty refers to the failure to fulfill a guarantee, such as a manufacturer breaking its promise to safety-test its products.
Exceptions to Massachusetts’ Wrongful Death Law
It is important to note that Massachusetts has specific exceptions to its wrongful death law. State law does not allow anyone to file a wrongful death claim against an employer for the death of an employee on the job, a railroad company when someone is killed on or near train tracks, or a streetcar company when someone is killed on or near the tracks if there is no railroad crossing. If your loved one passed away in any of these circumstances, contact a wrongful death attorney in Lowell to explore other legal remedies.
Who Can Receive Compensation From a Wrongful Death Claim in Massachusetts?
The executor or administrator of the deceased individual’s estate can file a wrongful death claim in pursuit of financial compensation for both the estate and surviving family members. In general, a wrongful death settlement or judgment award will first go to the estate to pay off any of its final debts. Then, survivors can keep any of the remaining amount to pay for their losses, including:
- Funeral and burial costs
- Loss of the loved one’s care and companionship (loss of consortium)
- Lost earnings and employment benefits
- The decedent’s pain and suffering
These damages will be divided among survivors – such as a surviving spouse, children or parents – according to the decedent’s will or the rules of intestate succession. If you have further questions about who can file a wrongful death suit in Massachusetts, contact an attorney for assistance without delay.