Wrongful death law involves the law of personal injury. Nearly all wrongful death cases involve the law of negligence. Every state has its own version of a wrongful death statute. The wrongful death statute in Massachusetts is found at Ma. General Laws Chapter 229, section 2 et seq.
Applicability of the Statute
A wrongful death case can be filed in Massachusetts after the death of a person was caused by the negligence, recklessness, wantonness or breach of warranty of another person or entity. Only the executor or administrator of the deceased person’s estate is allowed to bring the case. If the decedent died without a will, the court will appoint somebody for this purpose.
Types of Wrongful Death Cases
According to the wrongful death lawyer in Boston, MA at Law Offices of Burton J. Hass, the overwhelming majority of wrongful death cases that are filed in Massachusetts courts are brought as a result of deaths caused by the carelessness and negligence of another person. Here are some examples of those types of cases:
- Motor vehicle crashes.
- Accidents involving victims who were bicyclists or pedestrians.
- Construction and industrial accidents.
- Slip-and-falls, trip-and-falls and falls from heights.
- Nursing home negligence.
- Medical malpractice.
When Can a Wrongful Death Action Be Brought in Massachusetts?
Every state has its own deadline for when a wrongful death case can be filed. In Massachusetts, that deadline is three years from the date of the accident. Failure to file the wrongful death lawsuit within that three-year period is likely to cause it to be dismissed.
In the event of the untimely and tragic death of a loved one anywhere in Massachusetts, contact a wrongful death lawyer in Boston, MA at the Law Offices of Burton J. Hass by calling 888-941-3525 or 781-322-3900. No legal fees are due unless we obtain a settlement or award.
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