What Should I Do After a Car Wreck Death in Boston?

Losing a loved one unexpectedly in a car accident can be the most painful moment in your life. While nothing can make up for your loss, you could be entitled to financial awards from the responsible party.

Managing Your Loved One’s Estate

When your loved one dies in a collision, an executor named in the will usually handles estate matters. Moreover, in Boston, under Massachusetts law, only an executor or administrator of your loved one’s estate is qualified to file a wrongful death lawsuit. However, if your loved one did not have a will, the court appoints a representative, which could be the spouse, a parent, or a child of the deceased.

Handling the Car Insurance Company

Since Massachusetts is a no-fault state, drivers must have personal injury protection coverage (PIP). PIP insurance may pay for some of your deceased relative’s medical costs, lost income for surviving dependents, and funeral expenses.

However, if your damages exceed the PIP coverage limit, the person responsible for the accident is generally liable for your losses. Our attorneys could help you file an insurance claim or wrongful death lawsuit if your loved one passed away due to the careless or reckless actions of another.

Filing a Wrongful Death Lawsuit

Handling the estate and dealing with other formalities arising from a death in the family can be stressful and upsetting. When you have a lot on your plate, filing a lawsuit may be the last thing on your mind. However, you could be entitled to damages if someone else caused your loved one’s car wreck death in Boston. Our seasoned wrongful death attorneys could help you file a claim and recover the compensation you need to rebuild your life.

Damages Available in Wrongful Death Lawsuits

Losing a loved one unexpectedly does not only cause grief and anguish but could also result in financial hardship for the entire family. A wrongful death claim allows families to sue the liable party for damages. While every case is different, surviving family members could be entitled to:

Loss of Income and Support

You could qualify for the amount of income the decedent would have provided for the spouse, minor children, and any other dependents had they been able to work for the rest of their life. This can also include loss of benefits such as health insurance through an employer and others.

Loss of Consortium

Children can recover damages for loss of parental guidance and instruction. A bereaved spouse may be entitled to loss of companionship, protection, and comfort.

Loss of Services

The surviving family may receive compensation for the loss of services the deceased would have provided had they lived, which can include child support, housework, yard maintenance, and more.

You could also receive the costs for your loved one’s pre-death medical expenses, funeral and burial, and other end-of-life costs. An attorney can assess your wrongful death case, calculate your damages, and estimate the worth of your claim.

In Boston, according to Massachusetts General Laws Ch. 229, § 2, the heirs of an individual killed in a car wreck generally have three years to file a wrongful death lawsuit. The time starts ticking on the day your loved one dies, or the executor of the will is made aware of the cause of death.   

However, to build a good case against the responsible party, you may require time-sensitive evidence such as traffic camera footage and witness statements. Therefore, what you should do after a car wreck death in Boston is to contact an attorney as soon as possible to work on your claim.

We understand that filing a lawsuit is not a priority when your loved one dies. However, waiting too long to speak to an attorney could prevent you from recovering losses arising from the death of your relative.

Morgan & Morgan can be by your side during the most challenging time in your life. Some law firms settle wrongful death claims for less than the case’s real worth and accept an insurance company’s last offer, shying away from litigation. Morgan & Morgan never settles for less. We thoroughly assess your claim, calculate your damages comprehensively, and negotiate hard with insurance companies for a fair settlement. We can:

Determine and Prove Liability for the Accident

Not all car accidents are straightforward. However, determining who is liable for your loved one’s death is critical if you want to recover compensation. There could be multiple defendants in your claim, including:

• Another driver
• A government entity
• A bar that served a drunk driver
• An employer
• A car manufacturer

Our lawyers can collect and organize the evidence required to prove liability. We can leave no stone unturned in discovering who is responsible for your loved one’s death and hold them accountable.

Calculate Your Losses

Knowing the worth of your case is essential. Monetary losses, such as medical bills, funeral expenses, income loss, and car damage, are easily determined. However, your emotional losses do not come with bills and receipts. Determining an amount for loss of service from your loved one can be tricky. Do not risk leaving money on the table by going it alone when you could have America’s largest personal injury firm on your side. We know what your case is worth and can fight tirelessly for the maximum potential compensation.

Present Your Case Powerfully at Trial

Insurers know that we will see them in court if they offer our clients less than the actual value of their claims. If an insurance company minimizes or denies your wrongful death case, we can file a lawsuit and fight for what you deserve at trial, if necessary.

Morgan & Morgan knows that families need fair compensation when they lose a loved one. Our tenacious attorneys have, to date, recovered over $20 billion in damages for clients. We could help you, too, get what you need after the loss of a loved one. You pay nothing unless and until we recover for you.

Dealing with the aftermath of a car accident can be overwhelming and exhausting. However, if you do not know what you should do after a car wreck in Boston, we can be here for you. Contact us today to find out about your options in a free consultation.