Filing Wrongful Death Claims in Massachusetts


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In the event of the tragic death of a loved one, the surviving family members can bring a wrongful death claim against the person who they believe to be at fault for the accident. Massachusetts’s wrongful death statute allows a plaintiff to bring a claim against a defendant who negligently causes a person’s death, or who, “by willful, wanton or reckless act” causes the person’s death in a way that would have allowed the person to recover compensation if the person were still alive.

Under the statute, the following people can recover damages from a Massachusetts wrongful death claim:

  • the spouse of the deceased, who recovers all compensation if the deceased has no children;
  • the child of the deceased or the issue of a deceased child, who share recovery with a surviving spouse; and
  • the next of kin, if there is no surviving spouse, children, or other issue

A wrongful death claim must be brought by the executor or administrator of the deceased’s estate. A wrongful death action must generally be brought within three years of the accident. Alternatively, a case may be brought within three years of the date when the executor or administrator knew or should have known of the basis for the wrongful death claim in the exercise of reasonable diligence.

Tragic Massachusetts Crash Involving Van Full of Tourists Leaves Two Dead 

Earlier this month, a tragic Massachusetts traffic accident left two people dead and several others injured. According to a local news source, the accident occurred in Attleboro, Massachusetts when a tour group of Polish and Polish American tourists were traveling in a van from Philadelphia to Boston. Evidently, at some point along the trip, an SUV ran into the van. The force from the collision sent both vehicles into the median, causing the van to turn upside down and ripping off its roof. Everyone inside the van was thrown from the vehicle. Nine of the passengers suffered serious injuries and two were killed as a result of the injuries they sustained. The other vehicle’s driver also suffered injuries. The tourists ranged in age from 28 to 67 years old.

An investigation of the crash was initiated by law enforcement and is still underway. Investigators were able to retrieve the “black box” from the car. This box may contain information regarding the speed, brake pressure, and airbag deployment of the car, potentially revealing additional information about the cause of the accident. No charges have been filed yet.

Have You Been Injured in a Car Accident?

If you or a loved one has been injured in a Massachusetts car accident, contact an experienced Massachusetts personal injury attorney as soon as possible. You may be entitled to compensation for your injuries. Kelly Neumann is an award-winning personal injury lawyer with a track record of success. The Neumann Law Group offers legal representation in motor vehicle accidents, work accidents, and other types of injury cases. Contact attorney Kelly Neumann at 1-800-525-6386 or get in touch with us online to set up a free consultation.

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