If someone else’s wrongful actions led to the death of a loved one, and your lawyer mentions that you might not be able to file a wrongful death claim or receive compensation, it can feel like a devastating blow on top of your loss. Losing someone dear is painful enough, especially when their death could have been prevented.
The idea that you might not get any compensation or the justice you deserve can feel overwhelming. If you’re in New Bedford, MA, don’t hesitate to contact one of our experienced wrongful death attorneys. We’re here to guide you through your legal options and fight for the justice your family deserves.
In this article, we’ll explain how wrongful death settlements are usually paid out.
What Is Wrongful Death?
In Massachusetts, wrongful death happens when a death is caused by negligence, a wrongful act, a breach of duty, or a contract violation. To file a successful claim, you need to prove that the death occurred because of wrongful or negligent actions. In other words, if the person had survived, they could have filed a personal injury lawsuit.
Family members or loved ones can file a wrongful death claim, but under Massachusetts law, only a designated personal representative can bring the lawsuit.
If your loved one named you as the executor or administrator of their estate in their will, you’ll likely act as the personal representative. If no one was named, the court will appoint someone. If the claim succeeds, any compensation is shared among the eligible beneficiaries.
Who Can Receive Compensation in a Wrongful Death Case?
Massachusetts law outlines several people who may be eligible for compensation in a wrongful death case:
The Estate: The deceased’s estate may receive compensation, especially if there are debts or outstanding expenses.
Parents (if the deceased was under 25): If the individual was younger than 25, their parents might be awarded compensation.
Financially Dependent Relatives or Siblings: Relatives who relied financially on the deceased could be eligible for compensation.
Posthumous Children: Children born after the death of the deceased are entitled to compensation.
Children Born Out of Wedlock: If the deceased was their mother, these children are automatically eligible. If the father passed away, compensation depends on whether he acknowledged or supported the children.
Spouse: The deceased’s spouse is generally a primary beneficiary.
Minor Children: The deceased’s minor children are entitled to receive compensation.
Unmarried Adult Children: If the deceased were unmarried, their adult children can receive compensation.
Common Types of Wrongful Death Cases
Here are some typical situations where a wrongful death lawsuit may be filed:
Product Liability:
If a defective product, such as food, medication, or equipment, caused your loved one’s death, you may have a wrongful death case. This could apply if the product’s packaging was unclear or if using the product directly resulted in the fatality.
Car Accidents:
Fatal car accidents often lead to wrongful death lawsuits, particularly when negligence, such as speeding, running a red light, or driving while distracted or intoxicated, was involved.
Medical Malpractice:
Wrongful death claims may also arise from medical negligence. If a doctor’s misdiagnosis, medication mistake, or failure to provide proper care contributed to your loved one’s death, you could be entitled to compensation.
Intentional Acts:
If your loved one’s death was the result of an intentional act, like assault or murder, you can file a wrongful death claim. For instance, excessive force by law enforcement during a welfare check could qualify.
Challenges in Filing a Wrongful Death Lawsuit
A common issue in wrongful death cases is if the deceased didn’t have insurance. In such cases, your lawyer might file a claim against your loved one’s insurance policy, which could impact the compensation available. However, even if your loved one didn’t have insurance, you still have the right to pursue a wrongful death lawsuit. Your attorney will help you explore all possible legal avenues to secure justice and compensation for your family.
Another challenge can be proving liability, especially when multiple parties are involved. For example, in cases like medical malpractice or product liability, it may be difficult to determine who is directly responsible for the death. A skilled attorney will need to gather evidence, consult experts, and build a strong case to establish accountability. Despite these obstacles, with the right legal support, you can still seek the justice your family deserves.
