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Understanding Massachusetts Wrongful Death Lawsuits (Part A)

If you have lost a loved, you face more than just devastating grief. There are also many questions about what to do next, especially your loved one's death occurred as a result of unnatural causes. Does your loved one's passing constitute a "wrongful death"? Should you hire a Massachusetts personal injury lawyer to pursue legal relief?

Wrongful Death Accidents

First and foremost, as the surviving family member you should realize that you are not alone. Massachusetts wrongful death lawsuits are not unusual, and loved ones often win monetary judgments in court.

Here are some common examples of wrongful death accidents:

• A person dies in a motor vehicle accident caused by another motorist
• A person dies in a fire caused by the negligence of a business owner or contractor
• A person dies in a private home, private business, or public building after slipping on a wet or icy surface and falling

Fatal Accidents that Do Not Fall Under Wrongful Death

While many times there is a liable party in a victim's death, there are some situations where a person's demise may not be covered under the Massachusetts wrongful death statute. Some examples of these types of fatal accidents include:

• A person's death that is caused by another family member
• A person dies after being struck by a train while walking on railroad tracks

It is important to note that these scenarios may be covered under other statues in Massachusetts or federal law. Family members should consult with a Massachusetts wrongful death attorney to determine whether they are able to file suit under other statutes.

Massachusetts Wrongful Death Lawsuits

Under state law, Massachusetts wrongful death lawsuits can be filed by a victim's:

• Spouse
• Children (biological or adopted)
• Parents (biological or adoptive)
• Same-sex partner in a civil union
• Estate executor or executrix

There are additional laws which govern who can sue under wrongful death statutes when different parties co-exist. (As an example, if a person is survived by a spouse and/or children, parents cannot generally receive damages from a wrongful death lawsuit.)

For clarification on these laws and how they apply to the specifics of your case, you should seek the advice of an experienced Massachusetts lawyer who specializes in wrongful death lawsuits.

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