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Can I File a Wrongful Death Claim?


If your loved one has died as a consequence of an accident or injury, you may be able to file a wrongful death claim. Depending on your relationship to the deceased party, you may be able to take legal action and potentially receive compensation for damages, including noneconomic damages such as pain and suffering, punitive damages, and loss of consortium.

The case you may be able to make depends on the specifics of your legal relationship to the deceased. If you are a family member, spouse or partner, a financial dependent, you may be eligible to file a wrongful death claim. If you can be legally considered a personal representative, personal representative, or administrator, according to their will, you may be able to file a wrongful death claim. As any of the above, you will be responsible for the division, sale, or maintenance of your loved one’s estate and assets, and you will be able to present evidence of the negative financial effects on your loved one’s estate as a basis for suing for damages.

Not only will you be required to provide proof of financial losses incurred, you will also have to prove that your loved one died because of another person or entity’s negligence, malpractice, or recklessness. Even parents of a deceased, unborn child are able to sue for wrongful death if they meet the same criteria and are able to prove that the death occurred as a result of negligence.

In the state of Massachusetts, you must file a claim within three years of your loved one’s death. If you wait longer than three years, you will be unable to pursue legal action. In most cases, it is in your best interest to begin pursuing a wrongful death claim today. If you have been negatively affected by a loved one’s death as a result of negligence and think you may have a case for wrongful death, call Percy Law Group, PC. Our Bristol County wrongful death attorneys want to minimize your suffering as much as possible by helping you receive compensation for damages. Call us at (508) 206-9900 today or set up your free consultation to find out how we can best serve you.

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