Boston has its fair share of tragedies, including wrongful deaths. Whether it’s due to negligence, recklessness, or intentional actions, the loss of a loved one is devastating.
When facing such a situation, it’s vital to seek legal guidance and support from wrongful death attorneys in Boston, whose expertise can guide you through the legal process. Let’s examine who can file such a lawsuit and what it entails.
Wrongful Death Claims
Wrongful death claims are brought forward when someone dies because of the wrongful actions, negligence, or misconduct of another individual or entity. In Massachusetts, wrongful death laws are designed to provide relief to family members who are left with significant emotional and financial burdens after the loss of a loved one.
These claims typically cover various forms of compensation, such as funeral expenses, medical bills, loss of income, and loss of companionship. However, not everyone impacted by the loss is legally eligible to file a claim.
Who Can File a Wrongful Death Lawsuit?
In Massachusetts, the executor or personal representative of the deceased’s estate has the legal authority to file a wrongful death lawsuit. This is a crucial distinction in the state’s legal approach compared to other jurisdictions, where immediate family members, such as spouses or children, can directly file the lawsuit.
In Boston, as in the rest of Massachusetts, the appointed executor or personal representative must file the lawsuit on behalf of the estate.
The executor is usually named in the deceased’s will or estate plan. If no executor is named, the court may appoint a personal representative. Once the lawsuit is filed, any awarded damages are distributed to the beneficiaries according to the law.
Eligible Beneficiaries for Compensation
Although the personal representative is the only one who can file the lawsuit, several relatives may be entitled to receive compensation. The law prioritizes the deceased’s closest family members in the distribution of any recovered damages:
● Spouse and Children: If the deceased person was married at the time of death, their spouse and children are the primary beneficiaries of any damages awarded. The surviving spouse usually receives the bulk of the compensation, mainly if minor children are involved, as the compensation may also account for future financial support for the children.
● Parents: If the deceased had no spouse or children, the compensation is generally directed to the deceased’s parents. This is especially common when a young or unmarried individual dies unexpectedly.
● Other Relatives: If there are no immediate family members, other relatives, such as siblings, may be eligible to receive compensation. However, this is less common and usually occurs when no other direct dependents are available.
Why Legal Guidance is Essential
It can be quite difficult to navigate the legal nuances of wrongful death claims, particularly when one is grieving. Massachusetts has laws about who can bring a lawsuit, what damages can be claimed, and when the lawsuit must be filed.
These legal experts can assist in determining which parties to sue, computing damages precisely, and ensuring the complaint is submitted within the allotted time limit. Having competent legal counsel can have a big impact on achieving a just result for people who have lost a loved one.
Final Thoughts
Wrongful death lawsuits in Boston are structured to offer financial relief and justice to families who lost a loved one because of another’s negligence. While the personal representative of the deceased’s estate is responsible for filing the claim, the compensation can be directed toward various beneficiaries, including spouses, children, and parents.
Following the legal process and understanding eligibility criteria are essential for a just outcome.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Wrongful death laws vary by jurisdiction, and specific legal guidance should be sought from a qualified attorney licensed in Boston. For advice regarding your unique situation, consult with a legal professional.