Attentive Wrongful Death Attorneys Make Sure You File Within The Statute of Limitations in Massachusetts
After losing a loved one in a tragic accident, it takes time to feel up to simple tasks. We understand the emotional toll but the courts and the laws adhere to rigorous deadlines. These must govern any consideration of what should be done and when it should be done. That’s why the attorneys at Feinberg & Alban, P.C. handle all the details in a timely manner, including taking care of the probate work. That work is an essential start to any wrongful death action. The estate needs a representative, who is known as administrator, administratrix, executor or executrix. After that appointment, or concurrent with it, more formal steps can be taken, such as filing a lawsuit. If you have lost a spouse, a parent or are next of kin to someone who died because of someone else’s negligence, it is our job to guide you in handling the phases of the action. Since 1938, the firm has been helping people from Greater Boston seek payment after losing a loved one.
Timely action is important
Massachusetts law states that heirs have three years from the time the victim died — or from the time when the executor was aware of the cause of death — to sue for wrongful death compensation. Additionally, certain kinds of accidents and certain facilities require that notice be given to the proper authority well before the three year statute of limitations. For example, the Massachusetts Torts Claims Act, M.G.L. c. 258, requires “presentment” within two years. See s. 4. Without presentment, your rights will be expunged. Even some hospitals come within this statute and therefore need to be notified in a timely and proper manner.
Important information about wrongful death suits
It is an attorney’s job to know the intricacies of filing suit for compensation, and our attorneys keep clients informed throughout the process. As a client, you should keep the following in mind:
- Wrongful death suits are injury claims based on proving negligence or recklessness.
- The attorneys at Feinberg & Alban investigate the incident and demonstrate how negligence or error led to your loved one’s death. We consult various experts, including:
- Pathologists and other medical specialists
- Accident reconstruction experts
- Occupational Safety and Health Administration (OSHA) consultants
- Massachusetts has a variety of administrative agencies whose investigation is mandated by law and whose findings will prove very helpful as a starting point. Some of the data compilation will be useful at trial, even though the conclusions are not.
- Wrongful death claims may be made for workplace accidents, car accidents, accidents at a place of business, accidents at public venues as well as those on private property.
- Often claims get settled without a court case.
- Claims for wrongful death cases must be filed within three years of the death or the time when you learned of a pathology report or other investigation that confirmed the cause of death.
Many kinds of incidents
Nationally, the numbers of people killed in car accidents is rising. In late 2013 the United States Department of Transportation reported that deaths caused by drunk or impaired drivers had risen by 4.6 percent nationally to 10,322 deaths.
- Industrial accidents
- Accidents involving children
- Nursing home neglect
- Elder abuse and neglect
- Medical errors
- Failures to diagnose
- Birth defects and medical errors during birth
- Hospital errors
- Animal attack
If you have lost a loved one recently, our attorneys can speak with you about your options for compensation. We have helped many clients win compensation with professionalism and compassion.
Wrongful death claims have a statute of limitations, so do not hesitate, call an experienced legal team today
At Feinberg & Alban, P.C. our attorneys know that timing is important. We handle all the details of a suit on your behalf. For a free consultation call (617) 232-5950 or contact us to schedule an appointment. We understand that this is a difficult time. It is our job to lift the legal burdens involved in getting compensation.