Suing Over the Wrongful Death of a Loved One

A wrongful death lawsuit is a legal remedy that is available when a person dies as a result of someone else’s negligence, recklessness, or intentional wrongdoing. It compensates the decedent’s surviving family members for the emotional and financial losses they experience as a result of the death. Similar to a personal injury action, a wrongful death lawsuit recovers damages from the party at fault.

In Massachusetts, a wrongful death lawsuit must be filed by the decedent’s estate representative. If the decedent had a will, the executor named in the will files the lawsuit. If there is no will, the court appoints an administrator, often a family member. Although the executor or administrator pursues the lawsuit, the recovered monetary damages go to the decedent’s surviving spouse, children or parents (if the decedent was a minor or unmarried without children). If none of these relatives exist, other family members may be eligible to benefit.

Damages are awarded to compensate for the losses caused by the wrongful act that led to the death. The following types of damages can be recovered:

1. Loss of financial support — Compensation may be granted for the income that the decedent would have provided to dependents if he or she had lived.
2. Funeral and burial expenses — The reasonable costs of the decedent’s funeral and burial can be reimbursed.
3. Loss of companionship and society — Family members, especially the surviving spouse and children, may be compensated for loss of the companionship, guidance and emotional support the decedent would have provided.
4. Pain and suffering — The estate may recover for the conscious pain and suffering the decedent underwent before death.
5. Punitive damages — If a death resulted from malicious, reckless or willfully negligent conduct, the court may award damages to punish the wrongdoer and to deter such conduct in the future.

In Massachusetts, a wrongful death lawsuit must be filed within three years of the date of death. However, if the cause of death was not immediately known, the three years begin when the cause of death is discovered or reasonably should be discovered. The discovery rule applies, for example, in cases where the connection of medical malpractice or toxic exposure to the death was not initially clear.

Because these lawsuits can be complex, especially when multiple parties are involved or when the cause of death is not immediately obvious, it is important to seek advice from an experienced Massachusetts wrongful death attorney.

If you’ve lost a loved one due to another person’s negligence or other wrongdoing anywhere in Massachusetts, the attorneys at Feinberg & Alban PC may be able to help you obtain fair and just compensation from the negligent person or parties. We have offices in downtown Boston, Brookline and Worcester. Contact us online or call us at 617-232-5950 to set up a free initial consultation.