The wrongful actions of another person caused the death of a loved one but your lawyer claims you might not be able to file a wrongful death lawsuit let alone receive compensation. We understand that it’s painful and stressful to lose a loved one especially if it was under avoidable circumstances.
Learning that you won’t receive compensation is not only devastating but it also feels like you have been denied the justice that you deserve. If you are in Hyannis, MA, don’t hesitate to get in touch with one of our wrongful death attorneys today to find how we can help you with your case.
In this article, you will learn how wrongful death settlements are paid out.
What Exactly is Wrongful Death?
According to Massachusetts’s law, wrongful death is described as death caused by negligence, wrongful act, default or breach of contract. The events leading up to the death of a loved one must show that their death was caused by wrongful conduct. This is to say that the wrongful act has to be the kind that could easily form the basis of a personal injury case had your loved one survived the incident that led to their death.
If you are a relative, you can bring a wrongful death claim on behalf of your deceased or surviving family members. According to the Massachusetts wrongful death statute, you need to be a named personal representative in order for you to initiate the lawsuit.
If your loved one had named you the administrator or executor of their estate in their will, then you can be considered a personal representative. If they didn’t name an administrator or executor in their will, the court will appoint a representative. If the case is successful, compensation will be awarded to eligible beneficiaries.
Below is a list of people who are eligible to receive compensation in a wrongful death lawsuit:
- The estate of the deceased
- If the deceased was below 25 years of age, their parents will be awarded compensation
- Siblings or relatives who were dependent partially or wholly for support.
- The deceased’s kids born after their death will receive compensation
- The deceased’s kids born out of wedlock. If the deceased was their mother, the kids will automatically receive compensation. If it was their father, the only ones that will receive compensation are the ones he claimed or supported financially.
- If the deceased wasn’t married, their adult children can receive compensation
- The deceased spouse
- The deceased minor kids
What Types of Cases are Eligible for a Wrongful Death Lawsuit?
Product Liability
Distributors or manufacturers of food, medications or products that caused the death of your loved one can be sued for wrongful death. If the instructions on the packaging were unclear or using the products resulted in death then you might have a strong case.
Car Accidents
When your loved one dies in a car accident that was caused by the other driver, then you can sue them for wrongful death. One way to determine if the other driver was negligent is to check whether they were driving under the influence of drugs, they ran a red light, they were using their phones while driving or were over speeding.
Medical Malpractice
If the negligence of a doctor or hospital resulted in the death of a loved one then you can hold them accountable. Instances where you can claim negligence include misdiagnosis, medication errors, inadequate follow up care, or birth injuries.
Intentional Acts
Intentional acts such as murder or assault can be used to file a wrongful death claim. For example, a death that results from police using excessive force when conducting a welfare check.
It’s important to note that you may encounter a challenge when collecting compensation if your loved one wasn’t insured. Your wrongful death attorney will file a claim against your loved ones insurance policy. The good news is that even if your loved one wasn’t insured, you can still file a lawsuit.
