Many times in Massachusetts the negligence of someone can cause fatal injuries to the victim of that negligence. If the victim dies as a result of that negligence, the victim’s family may bring a clam against the negligent party for wrongful death. Since the victim is dead, his claim against the negligent party does not survive. But, the victim’s family can sue for a number of things stemming from the death of the decedent. Their claims may include loss of the victim’s income, service, care, comfort and guidance, as well funeral and burial expenses. Please note that punitive damages are also available in these actions, and the statute of limitations for Massachusetts wrongful death actions is three (3) years.
In sum, Massachusetts wrongful death actions are intended to fairly compensate the victim’s family for their financial and emotional loss following the death of their loved one.