& Probate Attorneys
after a Wrongful Death
– Medical Malpractice
– Work Place Accident
– Motor Vehicle Accident
A wrongful death in Massachusetts is defined as causing death of another by:
- A willful, wanton, or reckless act
- Defective public ways
- Breach of warranty
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 Law Suit
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.
Contact our Probate and Estate Administration Attorneys
Offices in Plymouth, Brockton, Hingham and Holliston, MA
The attorneys at Baker Law Group, P.C. have years of experience handling all types of matters related to estates and probate proceedings. We understand the law and know how to take the right steps to ensure that any claim an estate may have because of a wrongful or accidental death is properly filed and prosecuted. To learn how we can help you, call our office at 1-800-701-0352, email firstname.lastname@example.org or complete the online form below.
Life is unpredictable. Fatal accidents can happen at any moment. If you think your loved one died as the result of someone else’s wrongful actions, call our experienced probate attorneys. We offer an initial complimentary case review.