We Fight for the Rights of Personal Injury and Accident Victims
Our goal is to make sure you get the justice you deserve and are fully compensated for your harms and losses
Fatal Car Accidents
Car accidents can cause numerous types of catastrophic injuries, and in the most tragic cases, these injuries lead to death. According to the Centers for Disease Control and Prevention (CDC), thousands of people are killed in Massachusetts car accidents every year. This means thousands of families are left trying to recover from the senseless loss of a loved one, often caused by another driver’s negligence.
Most commonly, per the National Safety Council, fatal car accidents are multi-vehicle collisions. Fatalities also occur in car crashes involving pedestrians, bicyclists, and fixed objects like guardrails or telephone poles.
Fatal Accident Lawyer Tracy Paulsen represents the families of those who lost cherished loved ones in Massachusetts car crashes, including in Bristol County, Boston, Norfolk County, and Plymouth County Massachusetts. At her personal injury law firm, Rightful Legal, Attorney Paulsen and her team Fight for Your Rights as you seek to recover damages for the loss of a loved one. We know that no amount of money can bring your family member back or take away your pain. We also recognize that fair compensation can allow your family to stabilize and build a future together in the wake of this tragedy. With over 15 years of experience, Attorney Paulsen has stood up against the largest and toughest car insurance companies in boardrooms and courtrooms. Rightful Legal fights passionately for grieving Massachusetts families and provides the support and empathy so needed during tragic events.
If your loved one was killed in a fatal car crash, reach out to Attorney Tracy Paulsen and the Rightful Legal team today for a free case consultation. This consultation is completely private and there is no obligation to retain us. We are here to listen and assist you during this consultation. If you retain Rightful Legal, we will fight for your rights in recovering the maximum possible compensation for your loved one’s wrongful death so you can rebuild your family and your future after the fatal collision.
Have you Lost a Loved One in a Fatal Car Crash?
Contact Rightful Legal Today
Text or Call 617-821-5856
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What Contributes to Fatal Car Accidents?
Any type of car accident can be fatal, and the severity of injuries depends on many factors. Certain types of car crashes, such as angle collisions and head-on collisions, are responsible for most motor vehicle accident deaths, according to the National Safety Council. Rear-end collisions also cause many fatalities.
The Insurance Institute for Highway Safety warns that other factors contributing to fatal car accidents include speeding and distracted driving. Seatbelt use reduces the risk of car crash fatalities but does not eliminate it.
Age and sex are correlated with the risk of dying in a car accident, with young males experiencing the most fatalities per capita.
Research shows that time of day, day of the week, and day of the year also impact car crash fatalities, with a disproportionate number of deaths occurring on holidays such as Independence Day and New Year’s Day. It is possible that drunk driving contributes to the increased number of fatalities on these holidays.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by those left behind when someone is killed by another’s negligence or misconduct. It is an attempt to recover monetary compensation for a death from the person who caused it (or their insurer). In Massachusetts, the law provides for wrongful death claims for those deaths caused by:
- Negligence
- Willful, wanton, or reckless conduct
- Certain breaches of warranty
For most families who have experienced a fatal car accident, the loss of a loved one was likely caused by a driver’s negligence or willful, wanton, or reckless conduct. Many at-fault drivers are engaged in negligent behavior, such as speeding or distracted driving, when they cause a fatal accident.
If you believe that a defective vehicle or product was involved in the death of your loved one, you may also reach out to us about a product liability claim.
Who Can Bring a Wrongful Death Claim?
In Massachusetts, wrongful death lawsuits are governed by Massachusetts General Laws Chapter 229, Section 2. Unlike some states where certain family members can directly bring the claim, Massachusetts law requires that the lawsuit be filed by the executor or administrator of the deceased person’s estate.
- If the deceased left a will or estate plan, the executor named in that document has the legal authority to file the wrongful death lawsuit.
- If no will exists, the probate court will appoint an administrator who will manage the estate and, by extension, bring the wrongful death action.
At Rightful Legal, Attorney Tracy Paulsen understands how overwhelming it can be for families to identify the correct person to bring the claim while also grieving such a profound loss. She guides families through every step of this process, from determining who has standing to ensuring that the case is filed correctly under Massachusetts law.
Who Receives Compensation in a Massachusetts Wrongful Death Case?
Even though the executor or administrator is the one who files the lawsuit, the damages awarded in a wrongful death case are not retained by the estate itself. Instead, they are distributed to surviving family members according to the statute, regardless of what the decedent’s will may have said.
Under Massachusetts law,, distribution typically works as follows:
- If the deceased is survived by a spouse but no children, the spouse receives the full recovery.
- If the deceased leaves a spouse and children, the spouse is guaranteed at least one-third of the recovery, with the remaining share divided among the children.
- If there are children but no spouse, the damages go to the children.
- If there is no spouse or children, compensation is awarded to the next of kin, such as parents or siblings, based on Massachusetts intestacy law.
This statutory distribution ensures that compensation supports those most directly affected by the loss, even if it differs from how the estate is divided through probate.
What Damages Might You Recover in a Fatal Car Accident Wrongful Death Lawsuit?
Damages in a wrongful death lawsuit are not designed to erase your loss, and they obviously cannot fully compensate you for losing a loved one. Rather, they are intended to provide for your family now that your loved one cannot. They can also help cover final expenses, such as the costs of a funeral, cremation, or burial.
It is easy for a wrongful death claim to be undervalued if you do not have an experienced advocate on your side. Negligent drivers and their insurance companies will not necessarily treat you sympathetically, despite your unimaginable loss. They may try to undervalue or dispute your loss in a number of ways, adding insult to injury.
Tracy Paulsen, an experienced Massachusetts Fatal Car Accident Lawyer, can help protect you against the attacks of defendants and their insurers on your claim. Her team is experienced in fairly valuing wrongful death claims and documenting the full extent of your family’s loss in order to make the best possible case to an insurance adjuster or a court.
Common wrongful death damages Rightful Legal may be able to help you recover, if they apply to your family’s case, include:
- Reasonable funeral expenses
- Reasonable cremation or burial expenses
- Compensation for the decedent’s conscious pain and suffering
- Loss of reasonably expected income
- Loss of services, such as childcare or homemaking, provided by the decedent
- Loss of things like care, protection, companionship, and guidance provided by the decedent
Each lost family member and wrongful death claim is unique. The amount of damages your family may recover depends on a variety of factors, including the income of the decedent, the decedent’s age, the decedent’s role in the family, and whether the decedent shared any responsibility for the accident.
How Long Do You Have to Bring a Fatal Car Accident Wrongful Death Case?
Massachusetts imposes a strict statute of limitations, or deadline, on wrongful death claims. The administrator of the decedent’s estate has only three years to bring the claim. Time begins to run out either on the date of the death, or on the date the administrator knew or should have known the facts suggesting that someone else contributed to the death. If you are not sure how to calculate the date your three years began, an experienced Massachusetts personal injury attorney will be able to provide guidance.
We know that it is extremely difficult to sort out legal concepts or face complicated paperwork when you are grieving. You do not have to do this alone. Do not wait to ask for help with your family’s wrongful death claim. An experienced personal injury lawyer will be able to guide you through your case from beginning to end, calculating deadlines and helping you meet them so you do not lose your family’s one chance to obtain fair compensation for all you have lost.
Have You Lost a Loved One in a Massachusetts Car Accident?
Contact Rightful Legal Now for a Free, Compassionate Consultation
Call or Text 617-821-5856
or
Why Choose Rightful Legal to Fight for Your Family in Your Fatal Accident Lawsuit?
Was your loved one killed in a fatal collision? Was another driver wholly or partially responsible for the accident? If so, a wrongful death claim may be available for your family.
At Rightful Legal, our clients are more than just case numbers. We have deep roots in Attleboro and strong ties across Bristol County, the Boston area, and all of Massachusetts. Attorney Tracy Paulsen has a passion for fighting for clients who have lost loved ones in car accidents, and she brings over 15 years of personal injury experience to each family’s case. Our personal injury firm combines valuable local insight with a strong track record of taking on big insurance companies. Unlike huge nationwide firms that may spread their attorneys too thin, we offer focused, personalized attention to each family and individual we represent. Attorney Paulsen has dedicated her career to fighting for justice on behalf of the injured people of Massachusetts.
Our attorneys understand how complicated fatal car accident claims can become, and how difficult it is to handle things alone during your time of grief. Automobile insurance companies often try to minimize their own liability by casting doubt on your loved one’s injuries or downplaying the impact of their loss on your life, but we are here to stand firmly by your side. From collecting crucial evidence about the fatal accident to accurately valuing your family’s damages and building a strong case, we are relentless in pursuing fair compensation for our bereaved clients. At Rightful Legal, you do not owe us a fee unless we win for you.
The team at Rightful Legal makes it as easy as possible to tell us about the accident that took your loved one from you. We offer a confidential consultation at no cost and with no obligation. We are here to listen sympathetically to your fatal car accident story, explain more about your legal options, and give you the information you need to make the right decision for your family during this difficult time.Text or Call Rightful Legal Right Away at 617-821-5856 or contact our compassionate Massachusetts Fatal Accident Victim Attorneys Online Now.
