In Massachusetts, wrongful-death claims are filed when the victim had a valid claim prior to death. The cause of the victim’s injuries should reflect negligence, a reckless act, or a warranty breach. The state imposes a strict three-year window to file a claim. After this time limit, the victim or their family forfeits the right to file a lawsuit.
What You Should Know
With wrongful-death litigation, the state of Massachusetts won’t hear any cases in which the fatality occurred while the victim was at work. These cases are managed through worker’s compensation and other insurance-based laws. Further wrongful-death restrictions exist.
For instance, the proximity to railroad tracks when the victim died affects, whether the court hears their case. If they are near the train tracks or within a streetcar that is too close to the tracks, their family doesn’t have a viable claim. The state won’t permit victims who failed to obey safety laws applicable to these areas to file a claim. If you need help establishing if these conditions existed in your case, acquire Legal Representation in Northampton MA now.
Identifying an Administrator or Executor
In the state, an administrator or executor must be identified to file a claim. This individual will not manage only the case, but also distributes funds to settle the victim’s debts. All funds that aren’t used for these purposes go into an estate for the victim’s family. If he or she make provisions for this estate, the administrator or executor is required by law to follow these instructions.
Arriving at a Valuation
The jury must arrive at a value for damages. To start they review the health of the victim prior to the fatality. They determine their lives expectancy based on medical conditions as well as their age and lifestyle. Using their current wages, they calculate a value for their future earnings. This value is added to the state’s value for loss of companionship as well as guidance for orphaned children. The final value is based on these factors, and any costs associated with medical care and funeral expenses.
A wrongful-death lawsuit requires the victim’s family to follow strict laws. To determine if they have a viable claim, they must review these limitations. If you need Legal Representation in Northampton MA, contact Daniel and Fontaine LLC today.
