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What Is The Right Time To File A Wrongful Death Claim?


What Is The Right Time To File A Wrongful Death Claim?

If you have lost a loved one due to the careless or negligent actions of another person, company, or entity, you may not know where to turn or what your next steps should be. At Colucci, Colucci & Marcus, P.C., our Boston wrongful death attorneys want to discuss when you need to file a claim and what steps you can take to help ensure that you receive justice and compensation for your loss.

Speak To a Boston Wrongful Death Attorney Immediately

If you know or suspect that your loved one died due to the negligence or careless actions of another person, you need to speak to a Boston wrongful death attorney as soon as possible. These cases arise in many different ways, including:

The right time to file a wrongful death claim is as soon as possible after the incident has occurred. In the hours, days, and weeks following a wrongful death accident, evidence will begin disappearing or deteriorating, and the memories of those involved will fade. A Boston wrongful death lawyer will be better able to preserve all evidence in cases that are filed quickly.

Another reason why it is vital that these cases be filed quickly is that Massachusetts has a three-year statute of limitations in place for wrongful death claims. This means that a claim must be filed within three years for the date of a person’s death or family members risk losing the ability to recover any compensation for their loss.

Who Can File a Boston Wrongful Death?

Massachusetts General Laws Chapter 229, Section 2, states that “the executor or administrator of the deceased” is responsible for filing a wrongful death claim in court.

Under Massachusetts law, the executor or administrator is typically the individual responsible for following the instructions left in the deceased person’s will, for paying the deceased’s final debts and handling all final affairs of the estate. Damages recovered through a successful wrongful death claim hard to be paid to the estate of the deceased.

In Massachusetts, wrongful death claims may be filed regardless of whether or not any criminal charges were filed against an alleged negligent party. Civil wrongful death claims are completely separate actions from criminal cases. A civil wrongful death claim can be filed even if a negligent party does face criminal charges and the charges are dropped, or if they are found not guilty.

Let our Boston Wrongful Death Attorneys Help You Today

If you have lost a loved one due to the negligent or careless actions of another person, you may be entitled to compensation for your loss. At Colucci, Colucci & Marcus, P.C., we pledge to completely investigate your case so we can secure the compensation you deserve. This could include:

  • Loss of future income and benefits of the deceased
  • Mental anguish damages
  • Loss of consortium or companionship damages
  • Funeral and burial expenses
  • Cost of pre-death medical care
  • Punitive damages against those responsible

If you need a Boston wrongful death lawyer, you can contact us for a free consultation of your case by clicking here or by calling 617-917-3917.