Losing a loved one due to another party’s negligence can be both a traumatic and infuriating experience, especially given the largely preventable nature of the loss. In the shadow of you loved one’s death, administrative tasks may seem trivial. However, if the deceased was a primary source of his or her family’s income, filing a wrongful death claim could help survivors avoid overwhelming debt and attain much-deserved justice.
If you are mourning the wrongful death of a loved one, be sure to do the following:
- Identify the executor: In the state of Massachusetts, only the executor or administrator of the deceased’s estate may file a wrongful death claim in court. This person is often named in a person’s will or estate plan. Unfortunately, wrongful death lawsuits may sometimes involve young people who passed without a will, in which case the courts will oftentimes appoint a family member to fill the role. Generally speaking, it is wiser to file a wrongful death claim on the family’s behalf instead of the deceased as it typically improves the outcome.
- Collect records and documents: Only the executor or administrator has the authority to gather certain records of the deceased due to privacy reasons. He or she will need to gather incident reports surrounding the deceased’s death, a state-issued death certificate, and the Office of the Medical Investigator’s (OMI) analysis of the cause of death.
- Hire a personal injury attorney: While insurance companies may present an outward appearance of being on your side, it is important to remember that they are businesses and it is in their best interests to pay you as little as possible. From asking leading questions to arguing that a preexisting medical condition contributed to your loved one’s death, insurance adjusters are often be prepared to do anything and everything to deny or devalue your claim. A knowledgeable lawyer who understands the intricacies of wrongful death claims can protect you against these tactics and maximize your chances of securing the compensation you deserve.
Get the Law Office of Robert W. Kovacs, Jr. on Your Side
If you have lost a loved one under preventable circumstances, contact the Law Office of Robert W. Kovacs, Jr. today. Our team of Worcester wrongful death attorneys understand the anguish you must be experiencing and are prepared to do everything within our power to help ensure your family’s rights are guarded during this difficult time. From filing the necessary paperwork to pursuing litigation on your behalf if necessary, we have what it takes to help you achieve a sense of closure and peace.
Call (508) 443-4864 or schedule a consultation online to get started.