Probate for Wrongful Death
Filing a Claim by the Estate
Under Massachusetts law, in the aftermath of a wrongful death, the deceased’s estate has a right to bring a wrongful death action. To begin a claim, a probate estate needs to be established.
The probate process, designed to ensure the orderly distribution of assets after death, can be a difficult process for surviving heirs, even under the best of circumstances. When the death was caused by the negligence or carelessness of another person, it is often more challenging.
The probate estate has a right to seek compensation and damages for:
- The lost income the decedent would have received in his or her life
- Loss of companionship or consortium
- Any unreimbursed medical expenses resulting from the accident (before death)
- Any pain and suffering experienced before death
- The costs of funeral and burial services
- Punitive damages
Wrongful Death Lawsuit
Under Massachusetts law, the administrator of an estate is the designated party to file a wrongful death claim on behalf of the estate. We can assist the administrator of the estate to bring suit against the person or company who caused the decedent’s death. If the person responsible is facing criminal charges because of the incident, a wrongful death suit can still be filed.There are a few exceptions to the law. Actions can not be brought against employers by employees, nor against railroad operators if the decedent was killed while walking on train tracks.
A wrongful death law suit must be filed within three years from the date of death, or within three years from when the administrator of the estate knew, or reasonably should have known, that the death was wrongful.
Baker Law Group will handle all matters related to the probate of an estate, and will act on behalf of the estate to file a lawsuit for wrongful death, when appropriate.
- Medical Malpractice
- Improper Diagnosis
- Mesothelioma Asbestos
- Auto Accidents including Driverless Cars
- Workplace Injuries
- Collapsed Porches and Decks
Our attorneys will conduct a thorough investigation of the facts of the case, and will be your advocate in all hearings or proceedings, from settlement discussions to trial, if necessary.
If your case is beyond the scope of this firm, we will help you identify specialized attorneys to help with your claim.
Once a settlement or judgment has been obtained, we will ensure that it becomes property of the estate and is divided in accordance with the terms of the deceased’s estate plan