It goes without saying that losing a loved one in a sudden accident is emotionally devastating. Surviving family members not only have to cope with immense grief, but they may also be facing an uncertain financial future if the deceased was a primary income-earner, or if the deceased incurred significant medical bills prior to passing.
For many families, bringing a wrongful death claim is their only option for maintaining financial security. If your love one died in a truck accident, it’s likely that you’ll be going up against the motor carrier and their insurance company, who will be searching for any possible reason to deny your claim or reduce its value.
The protect your claim, it’s a good idea to reach out to a skilled truck accident attorney as soon as possible. Your lawyer can answer any questions you have about the proceedings. Below, we’ve provided the answers to a few general FAQs about these cases:
1. What Kinds of Evidence Might Contribute to My Wrongful Death Claim?
To recover damages, you must be able to prove both liability and damages. You may be able to prove liability using:
- Photographs of the accident scene;
- Data from the truck’s black box;
- Eyewitness testimony;
- Timestamped bills of lading;
- The truck’s maintenance records;
- The trucker’s driver logs;
- Cell phone records;
- The results of any blood or breath tests conducted after the crash; and
- The official police report.
As for proving damages, evidence that might contribute to your family’s claim includes:
- Medical bills;
- Records from the funeral home;
- The deceased’s income statements; and
- Invoices for necessary domestic help such as child care, meal prep, and housekeeping.
2. Am I Eligible to File the Wrongful Death Lawsuit on Behalf of My Family?
In Massachusetts, wrongful death lawsuits must be brought by the executor or administrator of the deceased’s estate. If the victim did not name an executor in his or her will—or did not have a will—the court will appoint someone the role.
3. How Long Do I Have to File a Wrongful Death Lawsuit?
The typical deadline for filing a wrongful death lawsuit in Massachusetts is three years. If you want to name a government entity in the suit, though, you must serve the appropriate agency within just two years.
Call 212-980-6800 for a Free Consultation with a Massachusetts Truck Accident Attorney
If your loved one died from injuries sustained in a truck crash, your family may have grounds for a wrongful death claim. To discuss your case and determine the most strategic way to proceed, contact Charnas Law Firm.
Attorney Scott Charnas helps accident victims and their families throughout New York and Massachusetts. He has assisted hundreds of clients in personal injury and wrongful death cases. Call 212-980-6800 or fill out our Contact Form to schedule a free consultation with a compassionate truck accident lawyer in Massachusetts.