Massachusetts’ wrongful death statutory framework provides the circumstances under which family members can obtain compensation for the death of their loved one due to negligence or recklessness of another party. The state’s wrongful death statute is complicated and contains many restrictions and procedural requirements. For example, employers may not be held liable under Massachusetts wrongful death law for an employee’s death, even if their death resulted from the employer’s negligent, wanton, or reckless acts.
While workers’ compensation benefits may be available in certain circumstances, these benefits are often woefully insufficient to fairly compensate a family for the loss of a loved one. However, in some cases, an employee’s injuries or illnesses result from a liable third-party. These are referred to as third-party personal injury claims. An example of a Massachusetts third-party claim would be a case against the manufacturer of a defective product or machine that was responsible for the employee’s injuries. Another example of a third-party claim would be if a delivery driver was struck by another motorist while making deliveries. Given the complexities of these cases, it is essential that injury victims contact an attorney to discuss their rights, as many workplace accidents can have long-term and potentially fatal consequences.
For example, recently, a news report described an accident that resulted in an MBTA worker’s death. The worker died after an accident near the Charleston Bus Yard. Evidently, he was struck by a vehicle as he was walking to bus. Transit police indicated that the worker suffered fatal injuries around 5 a.m. but stated that an investigation was ongoing. The agency expressed its collective mourning for the accident. The accident is still under investigation.
Aside from the tremendous grief the employee’s family experiences following a fatal Massachusetts workplace injury, loved ones may also face significant difficulties in pursuing a wrongful death claim. However, every case contains unique circumstances, and an attorney can help families understand all their options. It is important that families promptly contact an attorney because the state has strict timelines to file a claim. Massachusetts requires that wrongful death plaintiffs file their claims within three years of the decedent’s passing or the date that the personal representative or executor should have known that a case could be filed.
Have You Suffered Injuries in a Massachusetts Accident?
If you or someone you love has suffered injuries or wrongful death in a Massachusetts accident, contact the attorneys at the Law Offices of Barry Feinstein and Affiliates P.C. The attorneys at our law firm have over 25 years of experience advocating on behalf of Massachusetts injury victims against big insurance companies, negligent government entities, and at-fault motorists. We understand how crucial monetary compensation is for injury victims and their loved ones. Our attorneys use their skills, resources, and legal understanding to ensure our clients receive top-notch representation in their claims for damages. We have successfully represented injury victims in their claims stemming from Massachusets motor vehicle accidents, slip and falls, medical malpractice, and defective products. Contact our office at 800-262-9200, to schedule a free initial consultation at our law firm.