Wrongful Death Qualifications and Recovery

Losing a loved one is always painful. If someone else's negligence or recklessness causes an accident that kills a family member, however, you might be able to get compensation for your loss. But how do you know if you can recover for a family member's wrongful death in Massachusetts? A Boston injury lawyer can look at your particular circumstances and tell you if you have a right to recover.

What is Wrongful Death?

Wrongful death is a legal cause of action, like personal injury. If you meet the criteria, you can file a wrongful death lawsuit against a person or entity whose negligent, reckless or intentional acts cause a relative's death. You may also be able to recover if a breach of warranty caused the death. You must bring a wrongful death action within one year after your family member dies.

Who Can Recover

If your spouse or parent dies, you can recover under Massachusetts' wrongful death law, but only through the deceased relative's estate. The estate's personal representative or executor can sue the responsible party on your behalf. If a relative dies who is not your spouse or your parent, you can only recover if that relative is unmarried, has no children and you are next of kin under Massachusetts' intestate succession laws.

What You Can Recover

Massachusetts measures wrongful death damages as to the deceased person and the family members. Damages include:

• Funeral expenses.
• Income you would have received if your relative had lived.
• Loss of your relative's companionship, protection, care, assistance, society, comfort, guidance, counsel and advice that you would have received if your relative had lived.
• Punitive damages of at least $5,000 if the responsible party caused the death maliciously, willfully, wantonly or recklessly, or if the responsible party was grossly negligent. Although these damages are difficult to prove, if you can prove them, there is no limit to how much you can receive.
• The deceased relative's conscious pain and suffering between the accident and his or her death.
• Medical expenses the deceased relative incurred between the accident and his or her death.

If you have lost a loved one because of another person's reckless, intentional or negligent behavior, you may be able to recover some compensation for your loss. While money will not bring back your family member, you can offset some of your expenses and bring the responsible party to justice. Contact a Boston injury attorney as soon as possible to find out your options.