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 INJURY LAW FIRM

Wrongful Death FAQ

  • Who are the parties in a wrongful death lawsuit?

    The decedent’s personal representative appointed by the Probate and Family Court can bring the action against the responsible parties on behalf of the estate and beneficiaries of the decedent.

  • What are the type of damages that may be recoverable?

    • Reasonable expected net income of the decedent
    • Loss of various aspects of interfamilial relationships
    • Conscious pain and suffering of the decedent
    • Medical expenses
    • Funeral and burial expenses
    • Punitive damages

  • Where do most wrongful death claims come from?

    • Car accidents
    • Motorcycle accidents
    • Bicycle accidents
    • Defective products
    • Slip and fall accidents
    • Workplace accidents
    • Medical Malpractice

  • How long do I have to bring a claim or file a lawsuit against the responsible party?

    Generally, there is a three-year statute of limitations to file a lawsuit against the responsible parties, with limited exceptions. Which means, if the personal representative does not file a complaint in court against the proper party(ies), the estate and its beneficiaries will never be able to recover monies from them or their insurance company. However, if the action is against the Commonwealth or a city and town, there are strict time-sensitive notice requirements that that must be made long before the three-year statute of limitations. There are also many different notice and time requirements that may apply depending on the type of claim or the responsible party.

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