If a careless driver has cost your loved one his or her life, you have the right to seek compensation for your losses. While no legal action can ever replace what you have lost, pursuing a wrongful death lawsuit can help you secure the compensation you need to survive the financial burden this accident has caused.
At Colucci, Colucci & Marcus, P.C., we provide experienced, compassionate legal representation to people who have lost loved ones in a fatal auto accident in the Boston area and throughout Massachusetts. We will work to help you obtain the justice, compensation, and answers you deserve.
At Colucci, Colucci & Marcus, P.C., we have extensive experience helping family members and estate representatives handle wrongful death claims that arise in a variety of ways. Our lawyers have experience helping clients with wrongful death cases arising due to the following:
When a careless or negligent driver causes a fatality, his or her insurance provider goes into defense mode immediately, dispatching investigators to the accident scene and doing everything it can to limit or deny liability.
If you are pursuing a wrongful death suit in Massachusetts, it is important to have a law firm on your side with the experience and resources to counter the tactics of the insurance companies.
Our lawyers have extensive experience handling fatal car accident cases and can help you pursue fair and just compensation for:
We will work with you personally to gain an understanding of how this tragedy has affected your family, and seek the maximum amount of compensation available under the law.
The wrongful death law in Massachusetts is very specific about who can file these cases in court. Only the individual legally appointed to represent the deceased person’s estate is allowed to file the wrongful death action. The probate court will appoint a personal representative for the estate. The person holding this title will vary depending on whether or not the deceased left a will or an estate plan. If there is a will, the executor of the estate will be the personal representative. If there is no will, then a family member or other interested party will need to petition the court to become the administrator of the estate.
The executor or administrator of a deceased person’s estate has a limited amount of time to file a rule for a death claim in civil court. Under the Massachusetts wrongful death law, all wrongful death claims must be filed within three years from the date of the deceased person’s death or three years from the date the executor or administrator first knew or should have known that a wrongful death claim was available.
This gives the executor or administrator a three-year window with which to file a lawsuit against the alleged negligent party, or they will lose the ability to recover any compensation for their claim.
Some states limit the amount of money award in a wrongful death case. In Massachusetts, there is a $500,000 cap on all non-economic damages in medical malpractice cases. This means that any wrongful death case related to medical malpractice will have the same $500,000 cap. This includes damages such as:
There is no cap on the amount of compensation that can be awarded in cases other than medical malpractice cases.
We work on a contingency fee basis in all areas related to personal injury law, including cases involving fatal car accidents. You pay nothing to us unless we obtain compensation for you.
We are available for day, evening, and weekend appointments. Home and hospital consultations are available. To contact our Boston, MA, fatal car accident attorneys, call 617-917-3917. You may also contact us by e-mail.