Massachusetts Attorney Blog: Consumer Protection & Personal Injury Information

Massachusetts Wrongful Death Lawsuits Compensation

If you have lost a loved one in a Massachusetts accident, and have considered filing a wrongful death lawsuit, you and your loved ones may have questions about how the compensation is determined and distributed in a Massachusetts wrongful death lawsuit. 

In Massachusetts wrongful death lawsuits, the courts use a general formula to determine how the compensation from a wrongful death claim will be distributed amongst the deceased accident victim's survivors.

Listed below are a few highlights from the formula for determining distribution of compensation:

• A spouse or same-sex partner receives the entire award if the couple had no children;
• Parents receive the entire reward if the deceased was unmarried and/or has no children;
• Children receive the entire award if the deceased was unmarried;
• If the deceased was married and had children, the spouse receives a proportionate part of the award when all of the individuals are taken into account. For example: if the couple had more than one child, the spouse would receive 1/3 of the award. The remainder of the award would be divided among the children and/or their descendants.
• If the deceased had no living spouse, children, grandchildren, or parents, the award is given to the "next of kin" as determined by the court.

Because not every situation may fit into the established formula for determining distribution of wrongful death compensation, a Massachusetts wrongful death lawyer will be able to help you calculate how the damages will be divided in your wrongful death lawsuit.

For more information on Massachusetts wrongful death lawsuits, please visit our library. 

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your wrongful death lawsuit. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have lost a loved one in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Labels: accident compensation survivor benefits wrongful death