The experience of losing a loved one is incredibly difficult, especially when their death is caused by someone else's negligence, recklessness, or intentional actions. In Massachusetts, families of the deceased have legal avenues to seek justice and compensation through wrongful death lawsuits and survival actions. Understanding the differences between these legal actions and knowing if you can file both is crucial for obtaining the full extent of justice and compensation.
Understanding Wrongful Death Lawsuits
A wrongful death lawsuit is a civil action brought by the family or estate of a deceased person against the party responsible for the death. In Massachusetts, wrongful death claims are governed by Chapter 229 of the Massachusetts General Laws. The goal of a wrongful death case is to make up for the losses suffered by the remaining family members, which can include:
- Loss of companionship: The emotional distress and loss of guidance that the deceased would have given.
- Loss of financial support: The income and other financial contributions the deceased would have provided.
- Funeral and burial expenses: Costs incurred for the deceased's funeral and burial.
Who Can File a Wrongful Death Lawsuit in Massachusetts?
In Massachusetts, the executor or administrator of the deceased's estate typically files the wrongful death lawsuit on behalf of the surviving family members. The damages awarded in a wrongful death case are distributed to the beneficiaries according to the deceased's will or, if there is no will, in accordance with Massachusetts' intestacy laws.
Understanding Survival Actions
Survival actions, governed by Chapter 228 of the Massachusetts General Laws, are distinct from wrongful death claims. These actions focus on the suffering and damages experienced by the deceased from the time of the injury until their death. A survival action enables the deceased's estate to recover damages the deceased could have claimed if they had survived.
These damages can include:
- Medical expenses: Costs for medical related to the injury that caused the death.
- Pain and suffering: Restitution for the physical and emotional suffering the deceased before death.
- Lost wages: Earnings lost between the time of the injury and the death.
Who Can File a Survival Action in Massachusetts?
Similar to wrongful death lawsuits, survival actions are usually filed by the executor or administrator of the deceased's estate. The recovered damages become part of the estate and are distributed according to the deceased's will or Massachusetts' intestacy laws if a will does not exist.
Can You File Both a Wrongful Death Lawsuit and a Survival Action?
Yes, in Massachusetts, it is possible to file both a wrongful death lawsuit and a survival action. These two legal actions address different aspects of the loss and provide a comprehensive approach to seeking justice and compensation for the deceased's estate and surviving family members.
Key Differences Between Wrongful Death Lawsuits and Survival Actions
- Purpose:
- Wrongful Death Lawsuit: Compensates surviving family members for their losses.
- Survival Action: Compensates the deceased's estate for the pain, suffering, and financial losses experienced by the deceased before their death.
- Damages:
- Wrongful Death Lawsuit: Loss of companionship, financial support, and funeral expenses.
- Survival Action: Medical expenses, pain and suffering, and lost wages from the time of injury to death.
How to Proceed with Filing Both Claims
- Consult an Experienced Attorney: The complexities of filing both wrongful death and survival action claims require the expertise of a skilled lawyer who understands Massachusetts law.
- Gather Evidence: Collect all relevant evidence, including medical records, witness statements, and documentation of financial losses.
- File Timely Claims: Massachusetts has specific statutes of limitations for both wrongful death and survival actions. Ensure that claims are filed within the required time frame to avoid forfeiting the right to seek compensation.
- Determine the Executor or Administrator: Identify the individual responsible for managing the estate and filing the claims. This person will play a crucial role in the legal process.
Conclusion
Filing both a wrongful death lawsuit and a survival action in Massachusetts can provide a comprehensive path to justice and compensation for the deceased's estate and surviving family members. Understanding the differences between these legal actions and working with an experienced attorney are essential steps in navigating this complex legal landscape. By pursuing both claims, families can honor their loved one's memory and secure the financial support they need to move forward.
Brandon J. Broderick, Massachusetts Personal Injury Lawyer
There is no law requiring you to have a lawyer when filing a personal injury claim after an accident. However, working with an experienced Massachusetts personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We only work on contingent fees collected if we win your case. If we don’t win, you don’t pay.
With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback. Contact Brandon J. Broderick, Attorney at Law, for a free consultation.
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