Losing a loved one as the result of a sudden accident is an indescribable experience. Nothing prepares you for the onslaught of emotions — shock, grief, confusion, anger. If you’re also the family member or friend navigating details such as end-of-life wishes, financial decisions, and funeral arrangements, this time can feel overwhelming, mentally and emotionally.
A sudden death is always hard, but when someone else’s negligence is to blame, you have an additional matter to consider: whether to pursue a wrongful death lawsuit on the victim’s behalf.
Filing a Wrongful Death Lawsuit
Once you determine that pursuing a wrongful death claim is warranted, the next question is which of the surviving family members is legally entitled to take this action. If the victim prepared a will, it’s usually going to be the person they named as their estate’s executor.
When there isn’t a will — a common situation in cases of accidental death, a probate court will likely appoint someone, often the next of kin, to be the administrator of the deceased person’s estate. Degrees of kinship are utilized specifically to identify heirs at law within the “next of kin” category. This applies only in cases where there are no surviving members within the preceding groups of heirs, which include: (1) surviving spouse, (2) children and their descendants, (3) parents, and (4) siblings and their descendants. If you believe this should be you, you can petition the court to be appointed.
In Massachusetts, only the executor or court-appointed administrator of a deceased person’s will is able to bring a wrongful death lawsuit and recover damages.
If another family member also petitions to become the estate’s administrator, and there’s disagreement about who should assume this role, it’s advisable to seek legal counsel and reach a resolution quickly and respectfully.
Damages in a Wrongful Death Suit
Once you decide who’ll fill the role of executor or administrator and file a wrongful death lawsuit, the court will determine the amount of the damages your family is owed. These will be distributed either according to the will, if there is one, or Massachusetts intestate succession laws, if there isn’t. Beneficiaries may include spouses, children, grandchildren, parents, and siblings. The court may also award damages to more distant relatives, depending on a somewhat complex formula of surviving family makeup.
Be Aware of the Statute of Limitations
If you’re in the role of executor or administrator, you’re no doubt swamped with tasks. You shouldn’t feel rushed or pressured, but do remember that in cases of wrongful death lawsuits, time is of the essence. In Massachusetts, you typically have only three years from the date of your loved one’s death to finalize your claim — three years that can go by faster than you think during this stressful period.
For many surviving family members, completing the lawsuit process brings a degree of closure and peace of mind. Filing a wrongful death lawsuit in Massachusetts isn’t easy, but experienced, knowledgeable legal counsel can move things along efficiently, allowing you to focus on healing, supporting your family, and moving forward. Our attorneys can help you navigate this delicate process with discretion, care, and skill.
Get Help from a Massachusetts Wrongful Death Attorney
If you have questions about filing a wrongful death suit, our legal team is happy to answer them. You’ll find our free consultations direct, informative, and compassionate, and our team motivated to help you and your family get what you deserve on behalf of your loved one.
Contact Silva Santos PC today at (774) 297-7311, fill out our online form or send us an email at [email protected] to schedule a consultation.