Sadly, fatal accidents in Massachusetts occur on a day to day basis. The MA Legislature has seen fit in allowing recovery for deaths caused as a result of negligence or malicious conduct. If you are the loved one wife, spouse, mother, father, brother or sister or family member of someone who was killed in an accident in MA please contact a MA Injury Attorney as soon as possible.
Prior to the Legislature enacting a statute in the old days there was no right of recovery because a personal injury did not survive someone’s death. See Baker v Bolton “For example in Baker v Bolton, (1808) 1 Camp 493, a man was permitted to recover for his loss of consortium while his wife languished after a carriage accident. However, once she died from her injuries, his right to recover for lost consortium ended.” http://en.wikipedia.org/wiki/Loss_of_consortium
Wrongful deaths in Mass. most often are caused by car, truck or motorcycle accidents. However, numerous deaths result from medical malpractice, social host liability, defective products, bicycle / bike accidents, Bus crash or Premises Liability type claims.
If you are the wife, spouse, mother, father, brother or sister or family member of someone who was killed in an accident or medical malpractice or surgical error mishap in MA please contact MA Injury Attorney, David Slepkow 24/ 7 on his cell phone 617 674 0835, as soon as possible.
Claims as a result of fatal accidents are litigated by Massachusetts personal injury attorneys. These are the same MA Personal Injury Lawyers who file claims based on Auto Accidents, Pedestrian Accidents, Medical Malpractice and Product Liability claims.
The Massachusetts Wrongful Death Statute is set forth in G.L. c 229, and reads in pertinent part: “Section 2. A person who (1) by his negligence causes the death of a person, or (2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (3) operates a common carrier of passengers and by his negligence causes the death of a passenger, or (4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death, shall be liable in damages in the amount of:….” https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2
What is the Statute of Limitations for Death by Wrongful Act in Mass?
The time limit for bringing a claim based on a fatal accident in MA is three years. However, if the Injury claim is not filed in Court within one year of the negligent person’s death then the victim is limited to any Insurance policies. See G.L. c 197, Section 9A
“An action to recover damages under this section shall be commenced within three years from the date of death, or within three years from the date when the deceased’s executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action, or within such time thereafter as is provided by section four, four B, nine or ten of chapter two hundred and sixty” https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2
Who is entitled to file a wrongful death Lawsuit in Massachusetts?
The person’s executor or estate administrator may pursue the negligence claim on behalf of the beneficiaries. Pursuant to Mass Law, in no event may the beneficiaries take unilateral action to obtain damages as a result of a death.
What types of damages are available to the person who was killed in the accident estate?
G.L. c 229 Section to further sets forth the types of damages that can be obtained when someone is killed as a result of reckless, criminal or negligent conduct. The statute specifically allows for Punitive damages in cases of malicious or reckless type actions or inactions. The section of the Wrongful Death statute pertaining to damages allowed is set forth below:
“(1) the fair monetary value of the decedent to the persons entitled to receive the damages recovered, as provided in section one, including but not limited to compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent to the persons entitled to the damages recovered; (2) the reasonable funeral and burial expenses of the decedent; (3) punitive damages in an amount of not less than five thousand dollars in such case as the decedent’s death was caused by the malicious, willful, wanton or reckless conduct of the defendant or by the gross negligence of the defendant…… ” https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section2