Boston Fatal Car Accidents Lawyer

How Common Are Fatal Car Accidents?

Millions of people are involved in motor vehicle accidents each year. In 2019, over 6.7 million motor vehicle crashes were reported in the United States. Those crashes resulted in 36,096 traffic deaths.

An average of 353 people die in Massachusetts traffic accidents each year. For a family who loses a loved one, even one traffic death is one too many.

What is a Wrongful Death Under Massachusetts Law?

A wrongful death can arise from a car accident, construction accident, medical malpractice, dog attacks, or slip & fall accident. Any accident or injury that results in death might trigger a wrongful death claim. 

A fatal car accident may meet the criteria for a wrongful death case. According to Massachusetts law, a wrongful death occurs when a party’s reckless actions result in the death of another person. A wrongful death case is a civil court action that is separate from any criminal proceedings related to the person’s death.

Actions for wrongful death serve several purposes. The claims may deter the defendant and other individuals from repeating the behavior that led to a person’s death. The wrongful death claims also provide monetary support for the family members. The loss of the deceased’s income could leave the family destitute. 

A monetary award from a wrongful death claim can help the family provide for their needs. 

Who Can File a Wrongful Death Claim for a Fatal Car Accident?

Family members can consult with our Boston fatal car accident lawyers to determine who can file a claim. The Massachusetts wrongful death statute states that the personal representative for the deceased’s estate has the right to file a lawsuit for wrongful death. If the person did not have a will, a court might appoint someone to serve as the personal representative.

Even though the estate files the lawsuit, the family members receive the compensation. Money may be paid to close family members, such as the spouse and children, then to parents and siblings, and finally to other relatives. 

What Damages Are Available for a Fatal Car Accident?

Generally, a wrongful death claim may include compensation for:

• Medical expenses from the date the person was injured in a car crash until their death
• Lost wages the person would have earned had they lived
• Loss of society, companionship, services, care, protection, comfort, guidance, and assistance
• Burial and funeral expenses
• Pain and suffering

In some cases, punitive damage might be awarded in a fatal car accident case. However, the at-fault party’s conduct that causes the death of another person must have been willful, reckless, malicious, or wanton.

Who is Responsible for a Fatal Car Accident?

In many cases, another motorist is liable for a fatal car accident. However, car manufacturers, government entities, repair shops, and other parties may share liability for a fatal car crash. Our personal injury lawyers work diligently to identify each liable party and hold them accountable for their share of the damages.

In some cases, the deceased could be partially at fault for the Massachusetts car accident. If that is the case, the deceased’s percentage of fault will reduce the compensation paid to the family members. 

It is important to note that property damage claims are separate from personal injury and wrongful death claims. Our Boston car accident attorney can discuss this issue in greater detail during a free case review. 

Schedule a Free Consultation With Our Boston Fatal Car Accident Lawyers

If your loved one was killed in Boston, Suffolk County, or the surrounding areas, contact our office at (617)-391-9001 for a free consultation. You are under no obligation to hire our law firm after your initial appointment. Our Boston car accident attorneys can assist your family during this challenging time.