How to File a Wrongful Death Claim After a Car Accident in Massachusetts

Car accidents are difficult and traumatic to go through on their own. When a car accident results in the death of a loved one, the healing process is made even more difficult. Bruises, broken bones, and other physical injuries can heal and mend over time and, in many cases, return to “normal.” Unfortunately, however, a loved one who died because someone else was negligent can never be replaced. In those instances, you may be considering filing a wrongful death claim to get some sort of justice and compensation for the deceased.

The first step to filing a wrongful death claim after a car accident in Massachusetts is determining whether the deceased would have had a personal injury claim had they survived. If so, then a wrongful death claim can be filed on their behalf. Next, determine who is the executor of the deceased’s estate, as they are the only person able to file a wrongful death claim in Massachusetts. Finally, make sure that you file within the statute of limitations since your case will be thrown out if you file too late.

For a free review of your wrongful death claim, call The Law Office of John J. Sheehan at (617) 925-6407 to speak with our Massachusetts wrongful death lawyers.

Things to Know When Filing a Wrongful Death Claim After a Car Accident in Massachusetts

The general process of filing a lawsuit in Massachusetts is similar regardless of the subject matter. However, wrongful death claims have some unique quirks that make the process slightly different from other kinds of lawsuits. When you go over your claim with our Boston wrongful death lawyers, we can determine the best course of action for your unique situation.

When a Wrongful Death Claim Can Be Filed in Massachusetts

In general, the criteria for filing a wrongful death claim are similar to those for filing a personal injury claim. Loved ones can bring a wrongful death claim on behalf of the deceased if the deceased could have brought a personal injury claim under the same circumstances had they survived the accident.

There are some circumstances in which a wrongful death claim cannot be filed. For example, if the deceased passed away while working, you cannot file a wrongful death claim against their employer. However, there may be other legal remedies that our lawyers can assist within that situation.

Only Certain Parties Can File a Wrongful Death Claim in Massachusetts

Unlike many other kinds of lawsuits, wrongful death claims cannot be brought by any individual who is affected by the incident. Generally, to file a personal injury lawsuit, you yourself need to be injured. For wrongful death cases, the injured individual is deceased, so someone needs to bring the lawsuit on their behalf.

In many states, only immediate family members can file and recover damages from a wrongful death claim. However, in Massachusetts, only the “executor” of the deceased’s estate can file a wrongful death claim. An “executor” is an individual who is in charge of the deceased’s worldly possessions – their “estate” – and who “executes” or carries out the deceased’s wishes in their will. An executor can be appointed by the deceased in their will. If the deceased did not specify an executor or they died “intestate” – without a valid will – the court will appoint someone to be an executor. Generally, the executor is a close family member of the deceased, but it technically can be anyone considered competent enough to manage the estate of the deceased.

Massachusetts Wrongful Death Claim Statute of Limitations

Each state has something called a statute of limitations that puts a time limit on how long you have to file a lawsuit for your particular issue. The time differs depending on what you are filing for. While certain crimes, like murder, have no statutory limit on when they can be filed, most legal matters – including the vast majority of civil issues – have what is essentially a filing deadline. The statutory period for car accidents in Massachusetts is three years per Mass. Gen. Laws Ch. 260, § 2A. This is the same time period you have to file a wrongful death claim because of a car accident. However, there are some things that can delay the timer for the statute of limitations beginning in very limited circumstances. For example, if a loved one died in a car accident and new evidence of negligence was found five years later, a claim still may be able to be filed. However, it is important to keep in mind that that situation and others like it are extremely rare, so it is very important to file your wrongful death claim within the statutory period.

What is a Wrongful Death Claim in Massachusetts?

Wrongful death in Massachusetts is defined in Ch. 229, § 2. A wrongful death is any death caused by negligence or an intentional act of the defendant. In a car accident context, this means that you could file a wrongful death claim if the deceased could have filed a car accident lawsuit if they survived. For example, if you and the deceased were in a car and another car hit you because they were speeding, a wrongful death claim can be brought on behalf of the deceased because they could have filed a car accident lawsuit if they survived. In this particular instance, you may be able to bring a car accident lawsuit of your own as well.

What Damages You Can Recover for Wrongful Death After a Massachusetts Car Accident

You and other family members could be entitled to significant damages after losing a loved one in a car accident. Besides the loss of financial support, the pain and suffering you feel will likely be considerable, and the absence of your loved one will be felt in various ways from the loss of their companionship. The pecuniary or monetary damages your loved one suffered can also be claimed in your wrongful death lawsuit, as well as any pain and suffering they endured before passing. Punitive damages might also be awarded if the accident was especially egregious.

Pecuniary Damages

Pecuniary damages represent the economic losses related to the accident. Had your loved one survived, they would have had a right to file a typical personal injury lawsuit for their damages. The right to recover those damages remains and passes to the deceased’s estate. Thus, the estate’s executor can claim damages for medical bills, surgeries, hospitalization, and other costs the deceased might have incurred in an effort to preserve their life.

Pecuniary losses can also include compensation for the expected net income the deceased would have likely contributed to the family. Services that your loved one provided to the family, such as the protection, assistance, and care they provided for their family, should also be included. Pecuniary damages in your case should also cover funeral and burial costs, which will help alleviate the financial burden on the family for these expensive services.

Non-Economic Damages

Non-economic losses, while not monetary, can be just as substantial and deserve to be compensated. It is hard to understate the emotional pain and suffering caused by the loss of a loved one. Surviving family members will miss the counsel and comfort the deceased provided. This loss of companionship can be included in your non-economic damages. This includes the loss of parental guidance the deceased’s children suffer, as well as a spouse’s loss of consortium.

The personal representative can also claim non-economic damages for the deceased’s pain and suffering. Wrongful death victims likely experienced great pain in the car accident itself, as well as during life-saving treatment if they survived for a time after the incident. Our team can enlist the help of experts to put a monetary figure to your and the deceased’s pain and suffering.

Punitive Damages

Our lawyers will review every detail of the defendant’s conduct that caused the accident to determine if punitive damages should be pursued. Punitive damages are not automatically included in a wrongful death claim, as they are reserved for cases where the court wants to punish the defendant. If the defendant caused your loved one’s death through reckless, malicious, willful, or grossly negligent conduct, you can recover at least $5,000 in punitive damages. One of the most common examples where punitive damages should be awarded is in cases where a drunk driver killed someone.

Evidence Our Lawyers Use to Prove a Wrongful Death Claim in Massachusetts

Our team is well-versed in what evidence is needed to prove wrongful death in a car accident. We usually start with collecting and reviewing police accident reports, which will likely be detailed since the accident resulted in death or serious injuries before the person passed. Police reports typically include observations made by the investigating officers, including the damage on the scene, the defendant’s state when interviewed, and the officer’s conclusions about who was responsible for the crash.

The police report should also include eyewitness statements if people stopped to help, providing more context and information regarding liability. Our attorneys will reach out to them immediately after starting your case so crucial information is not lost. We will arrange to take their statements during litigation and determine if they are willing to testify in court if the case goes to trial.

It is also common to get the help of expert witnesses in wrongful death claims. For instance, accident reconstruction experts can investigate the crash and explain in detail to the court how the defendant caused it. They can often gauge how fast the drivers were going when the crash occurred, whether the defendant applied the brakes before the collision, and the force applied based on the wreckage. Medical experts can discuss how the accident caused the significant injuries leading to the victim’s death.

We will also investigate the accident scene to see if any homes or businesses have security cameras that might have recorded the accident. Having surveillance footage of a deadly accident can prove decisive evidence in a wrongful death claim.

Talk to Our Massachusetts Wrongful Death Lawyers About Your Case

Call our Cambridge wrongful death lawyers at The Law Office of John J. Sheehan at (617) 925-6407 to get a free case review.