Did someone you love pass away after getting hurt in a deadly collision? It’s never easy to lose a loved one, but the grief you experience might be heightened by the understanding that the accident might have been preventable.
Founded in 2006, Earley Law Group is a firm that understands the weight of fatal car accidents. With 25 years of combined experience, our attorneys have recovered millions of dollars on behalf of our clients. We can serve as your car accident lawyer in Boston.
As your fatal car accident lawyer in Boston, we can handle all legal responsibilities on your behalf. Let us investigate the crash, determine who’s responsible, communicate with insurance companies, and fight for a fair outcome in your case.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil claim that may be brought when another person engages in any of the following and causes someone else’s death as a result:
- A wrongful act
- Neglect
- Default
Wrongful death claims are governed primarily by Massachusetts General Laws Chapter 229, Section 2. It provides a framework when a person’s death results from circumstances that would have allowed the deceased person to pursue a personal injury action if they had survived.
The statute also identifies categories of damages that are recoverable and establishes a set of requirements concerning who can bring forth the action. A wrongful death claim can also give you a way to address the consequences of a death caused by another party.
With the help of a Boston personal injury lawyer, you can hold the responsible party accountable through the civil justice system. Even though this doesn’t necessarily make the loss easier, it can help you protect your family’s financial future.
Who Can File a Wrongful Death Claim in Massachusetts?
One of the first questions families often have is whether they can personally file a lawsuit after losing someone. Under Massachusetts law, a wrongful death action is generally brought by the executor or administrator of the deceased person’s estate.
The damages recovered are then distributed to the appropriate beneficiaries according to the statute and applicable estate procedures. This means the person who brings the lawsuit may not necessarily be the person who ultimately receives every dollar of the recovery.
The distinction can be confusing, particularly when several family members are affected by the death. A surviving spouse, children, parents, or other relatives may have different legal interests depending on the circumstances, but a fatal car accident attorney in Boston can help.
When Can a Fatal Car Accident Lead to a Wrongful Death Claim?
A fatal crash does not automatically mean that a wrongful death claim will succeed. Generally, there must be evidence that another party’s legally actionable conduct caused the death. In many car accident cases, this involves negligence.
For example, another driver may have caused the collision by speeding, driving while distracted, failing to yield, running a red light, driving aggressively, or otherwise failing to use reasonable care. Other cases could involve more complicated circumstances:
- A defective vehicle component
- Negligent maintenance
- Dangerous roadway condition
- An employer’s conduct
The process of determining liability requires looking at what actually happened rather than assuming the driver was the only person who could be responsible.
How Is Negligence Proven in Fatal Car Accident Cases?
Negligence generally requires evidence that a person or entity failed to act with reasonable care and that this failure caused harm. In a fatal car accident case, your attorney will need to establish these details:
- The responsible party owed a duty of care.
- The party breached that duty.
- The breach caused the accident.
- The accident caused the death as well as the resulting losses.
Evidence can make all the difference. While a police report can provide an initial account of the collision, it might not answer every question.
Your attorney will likely also want to review photographs, surveillance footage, witness statements, vehicle damage, roadway evidence, phone records, electronic vehicle data, and professional opinions. The goal is to establish what happened as clearly as possible.
What Compensation Can a Wrongful Death Claim Cover?
Money cannot compensate a family for the loss of a loved one in any meaningful emotional sense. However, Massachusetts law recognizes that a death can create substantial financial and personal losses for surviving family members.
Under Chapter 229, Section 2, damages in an appropriate wrongful death case can include the fair monetary value of the deceased person to the people entitled to damages. The statute identifies the following factors as well:
- Reasonably expected net income
- Services
- Protection
- Care
- Assistance
- Society
- Companionship
- Comfort
- Guidance
- Counsel
- Advice
Reasonable funeral and burial expenses may also be included. The exact damages available depend on the circumstances. Your Boston fatal car accident lawyer can identify losses that your family might otherwise overlook and gather documentation supporting those losses.
Call Earley Law Group for Help From Fatal Car Accident Attorneys in Boston
When a loved one dies in an accident, your family shouldn’t have to figure out the legal process or decipher Massachusetts wrongful death laws on your own. Instead, let Boston fatal car accident lawyers handle these legal responsibilities on your behalf.
At Earley Law Group, we focus on determining the full impact of the situation rather than treating a claim as nothing more than a collection of paperwork. This means you can count on us to take the time to understand your family’s circumstances.
As a law firm with a strong reputation throughout the Boston area, we combine determined advocacy with the personal attention you deserve. We usually work on a contingency basis, and we can travel for consultations as needed. Call Earley Before It’s Too Late!™
