Survivor and Estate Rights in Massachusetts Wrongful Death Cases
Losing a loved one due to someone else’s negligence or wrongdoing is incredibly difficult. In addition to grief, families are often left to deal with unexpected costs. Medical bills, funeral expenses, and the sudden loss of income or support can quickly add up, creating additional strain on those left behind.
In some cases, surviving family members can pursue compensation through a wrongful death claim. Knowing who can recover damages and what types of compensation are available is key to getting a fair and equitable outcome.
Who can bring a wrongful death claim?
According to Massachusetts General Laws Chapter 229, only the executor or administrator of the deceased person’s estate can file a wrongful death claim. This person represents the family, manages the claim, and handles any money recovered. If there’s no executor, a family member may need to ask the probate court to appoint them as administrator before starting the lawsuit.
Even though the personal representative files the lawsuit, any compensation goes to the statutory beneficiaries identified in Chapter 229, not to the decedent’s estate. Typically, these beneficiaries include the spouse, children, and parents.
Who is entitled to recover damages
Massachusetts law lists certain family members who can receive compensation from a wrongful death claim. The intent is to make sure those who were most financially and emotionally dependent on the deceased can be compensated for their loss.
Surviving spouse
The deceased’s husband or wife is normally the primary beneficiary and may recover damages for both economic and non-economic losses.
Children
Minor and adult children of the deceased may recover their loss. This includes the loss of financial support, guidance, and parental care.
Next of kin
If there isn’t a surviving spouse or children, other relatives such as parents may be entitled to recover according to the order of entitlement in Chapter 229.
Limits on who can recover
Only these groups can receive compensation. For example, if the deceased has a surviving spouse, the parents can’t recover damages, even if they would inherit under the will. Understanding who qualifies as a beneficiary is an important first step in a wrongful death case.
Types of damages available
Massachusetts law lets families seek both economic and non-economic damages in wrongful death cases. The purpose is to help survivors recover from the losses caused by their loved one’s death. Keeping records of financial losses, medical expenses, and household contributions can help ensure full and accurate compensation.
Economic damages
Economic damages cover the financial losses caused by the death. These include, but are not limited to:
- Lost income: The fair monetary value of the income the deceased would reasonably have been expected to earn over their remaining working life;
- Lost services: The value of household work, childcare, and other help the deceased would have given; and
- Funeral and burial expenses: Reasonable costs for the funeral and burial.
It’s worth noting that economic damages don’t automatically include the deceased’s own pre-death lost earnings, medical bills, or pain and suffering. Those are usually recovered in a survival action.
Non-economic damages
Quite the opposite of economic damages are non-economic damages, which cover the emotional and personal losses family members feel. Massachusetts law allows recovery for:
- Loss of consortium: For a surviving spouse, this includes loss of companionship, affection, and the marital relationship.
- Loss of companionship: Children and, when applicable, statutory next of kin can recover for losing the guidance, support, and comfort the deceased would have given.
Punitive damages
In some cases, Massachusetts allows punitive damages in wrongful death lawsuits. These damages, which are rare, are meant to punish particularly bad behavior, not to compensate the family.
Punitive damages may be awarded if the death was caused by malicious, willful, reckless, wanton, or grossly negligent actions. By law, the minimum punitive damages award is $5,000.
Examples of actions that might lead to punitive damages include drunk driving, extreme recklessness, or intentional harm. Since these damages are less common, a wrongful death lawyer can help you find out if your case qualifies.
Statute of limitations
In Massachusetts, you generally have 3 years from the date of death to file a wrongful death claim. In some cases, the 3-year period starts when the executor or administrator knew or should have known about the facts supporting the claim. If you miss this deadline, you may lose the right to file.
Because evidence can be lost and memories can fade, it’s critical to talk to a wrongful death lawyer as soon as possible after a loved one’s death. Acting early helps keep important evidence and protects your family’s right to seek compensation.
Getting the compensation your family deserves
Wrongful death claims can be complicated. There are a slew of questions about who can be a beneficiary, how to calculate damages, and how to divide any recovery among family members.
Insurance companies often try to settle quickly for less than the claim is worth, and families who don’t know their rights may accept too little. Many insurers only account for immediate expenses and not the long-term financial and caregiving needs.
Working with a wrongful death lawyer can help make sure you claim all the damages you’re entitled to and that your case is handled properly. An attorney can also guide you through probate, work with experts to estimate future lost income, and deal with insurers for you.
Get answers after a wrongful death in Massachusetts
Losing a family member is devastating, and no amount of money can replace your loved one. All things considered, a wrongful death claim can provide financial security for your family and hold the at-fault party (or parties) accountable.
If you believe your loved one’s death was caused by someone else’s negligence or misconduct, contact The Law Offices of Gerald J. Noonan for a free consultation.