What Should I Do After a Car Wreck Death in Boston?
Car Wreck Death in Boston
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Car Wreck Death in Boston
Being involved in a fatal car crash in Boston or losing a family member in a collision can turn your whole life upside down. You may not know where to turn and wonder, “What should I do after a car wreck death in Boston?” Knowing your next best steps can be critical for asserting your legal rights and preserving your rights to compensation.
Let Morgan & Morgan take some weight off your shoulders during this difficult time. We have been helping victims of car accidents and their families for over 35 years. Our experienced and compassionate car accident lawyers can determine your next best steps and move forward with a legal claim. You could be entitled to damages such as medical costs, funeral and burial expenses, loss of companionship, and more.
Morgan & Morgan wants you to have the best chance at getting what you truly deserve. Contact us now to find out more.
Causes of Fatal Accidents in Boston
According to the Boston Herald, over 400 individuals died on Massachusetts’ roads in 2021, a 19 percent spike from the previous year. Excessive speed and driver impairment are some of the main causes of fatal accidents in the state. However, there can be many reasons for accidents. According to the National Highway Traffic Safety Administration (NHTSA), risky driving behaviors include:
- Driving under the influence of alcohol or drugs
- Distracted driving
- Drowsy driving
Car accidents are not always clear-cut. In some cases, a defective vehicle or poorly designed road could be responsible for a severe crash with fatalities. Morgan & Morgan can analyze your car accident with the help of professional accident investigators and determine whether you have legal recourse against another driver or another party.
Your Best Next Steps After a Car Wreck Death
Fatal car crashes can have a lasting emotional and physical impact on all involved. Apart from the injuries that arise in severe car accidents, watching someone die can be a traumatizing experience. However, whether your loved one or another car occupant passed away in a car crash in Boston, you need to know how to protect your legal rights. Here are some of the essential steps to take after a fatal car accident:
Stay at the Crash Scene
Remaining at the car accident scene is crucial, especially if injuries or fatalities occur. Driving away from a crash could count as a “hit and run,” resulting in criminal charges. Report the accident to law enforcement immediately by dialing 911 for police and medical assistance. In crashes involving an injury or death in Boston, individuals must, under state law, report the crash to local law enforcement or Massachusetts State Police.
Accept Medical Care
Your accident was most likely severe if someone died. However, you may not feel any pain at the accident scene due to shock. Adrenaline can surge through the body after a car accident and mask pain. You could have internal injuries, internal bleeding, and other significant injuries without feeling anything.
Denying medical care after a severe accident can put your life and health at risk. A doctor should check you thoroughly so injuries can be promptly diagnosed and treated, giving you the best chance of a timely recovery. Do not forget to take care of your emotions after a fatal accident. You may need counseling to help you recover mentally.
Car accident scenes can be chaotic and upsetting. Emotions may run high, and other drivers could be under shock or suddenly become aggressive. Try to stay out of any verbal or physical altercations with others at the accident scene. Be careful not to say anything that could later be used against you or be interpreted as admitting fault for the accident.
Document the Accident
If you can, try to document the accident. If you are injured and receiving medical assistance, ask someone else to help you and take pictures of the accident scene and vehicle damage. Make sure to note down details of the cars involved in the crash, such as their colors, makes, models, and license plate numbers. Note whether there are any CCTV or traffic cameras nearby, as any footage could be crucial evidence.
Gather Contact Details of All Parties and Witnesses
Collecting the contact details of all those involved in the accident, including eyewitnesses, can be critical for preserving your legal rights. Ask any involved drivers for their contact and car insurance details. If there are witnesses, try to get their names, addresses, and phone numbers.
Make Notes While Your Memory Is Fresh
In a quiet moment after the accident, note down exactly what happened. Our memories tend to fade over time. Therefore, it can be an excellent idea to record the essential details of the crash as soon as possible, including:
- The time, date, and location of the crash
- The road and direction you were driving
- How the impact happened
- Other driver’s actions at the time of the collision
- The weather, road conditions, and any other facts you remember
Contact a Boston Car Accident Attorney
Contacting a car accident lawyer as soon as possible after a car wreck death can be critical. Our experienced Boston car accident attorneys can determine who was at fault for the accident and protect your legal rights.
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What to Do If Your Loved One Died in a Car Accident?
Losing a loved one unexpectedly in a car accident can be the most painful moment in your life. While nothing can make up for your loss, you could be entitled to financial awards from the responsible party.
Managing Your Loved One’s Estate
When your loved one dies in a collision, an executor named in the will usually handles estate matters. Moreover, in Boston, under Massachusetts law, only an executor or administrator of your loved one’s estate is qualified to file a wrongful death lawsuit. However, if your loved one did not have a will, the court appoints a representative, which could be the spouse, a parent, or a child of the deceased.
Handling the Car Insurance Company
Since Massachusetts is a no-fault state, drivers must have personal injury protection coverage (PIP). PIP insurance may pay for some of your deceased relative’s medical costs, lost income for surviving dependents, and funeral expenses.
However, if your damages exceed the PIP coverage limit, the person responsible for the accident is generally liable for your losses. Our attorneys could help you file an insurance claim or wrongful death lawsuit if your loved one passed away due to the careless or reckless actions of another.
Filing a Wrongful Death Lawsuit
Handling the estate and dealing with other formalities arising from a death in the family can be stressful and upsetting. When you have a lot on your plate, filing a lawsuit may be the last thing on your mind. However, you could be entitled to damages if someone else caused your loved one’s car wreck death in Boston. Our seasoned wrongful death attorneys could help you file a claim and recover the compensation you need to rebuild your life.
Damages Available in Wrongful Death Lawsuits
Losing a loved one unexpectedly does not only cause grief and anguish but could also result in financial hardship for the entire family. A wrongful death claim allows families to sue the liable party for damages. While every case is different, surviving family members could be entitled to:
Loss of Income and Support
You could qualify for the amount of income the decedent would have provided for the spouse, minor children, and any other dependents had they been able to work for the rest of their life. This can also include loss of benefits such as health insurance through an employer and others.
Loss of Consortium
Children can recover damages for loss of parental guidance and instruction. A bereaved spouse may be entitled to loss of companionship, protection, and comfort.
Loss of Services
The surviving family may receive compensation for the loss of services the deceased would have provided had they lived, which can include child support, housework, yard maintenance, and more.
You could also receive the costs for your loved one’s pre-death medical expenses, funeral and burial, and other end-of-life costs. An attorney can assess your wrongful death case, calculate your damages, and estimate the worth of your claim.
What Is the Time Limit for a Wrongful Death Claim in Boston?
In Boston, according to Massachusetts General Laws Ch. 229, § 2, the heirs of an individual killed in a car wreck generally have three years to file a wrongful death lawsuit. The time starts ticking on the day your loved one dies, or the executor of the will is made aware of the cause of death.
However, to build a good case against the responsible party, you may require time-sensitive evidence such as traffic camera footage and witness statements. Therefore, what you should do after a car wreck death in Boston is to contact an attorney as soon as possible to work on your claim.
We understand that filing a lawsuit is not a priority when your loved one dies. However, waiting too long to speak to an attorney could prevent you from recovering losses arising from the death of your relative.
How Can Morgan & Morgan Help Me After a Car Wreck Death?
Morgan & Morgan can be by your side during the most challenging time in your life. Some law firms settle wrongful death claims for less than the case’s real worth and accept an insurance company’s last offer, shying away from litigation. Morgan & Morgan never settles for less. We thoroughly assess your claim, calculate your damages comprehensively, and negotiate hard with insurance companies for a fair settlement. We can:
Determine and Prove Liability for the Accident
Not all car accidents are straightforward. However, determining who is liable for your loved one’s death is critical if you want to recover compensation. There could be multiple defendants in your claim, including:
- Another driver
- A government entity
- A bar that served a drunk driver
- An employer
- A car manufacturer
Our lawyers can collect and organize the evidence required to prove liability. We can leave no stone unturned in discovering who is responsible for your loved one’s death and hold them accountable.
Calculate Your Losses
Knowing the worth of your case is essential. Monetary losses, such as medical bills, funeral expenses, income loss, and car damage, are easily determined. However, your emotional losses do not come with bills and receipts. Determining an amount for loss of service from your loved one can be tricky. Do not risk leaving money on the table by going it alone when you could have America’s largest personal injury firm on your side. We know what your case is worth and can fight tirelessly for the maximum potential compensation.
Present Your Case Powerfully at Trial
Insurers know that we will see them in court if they offer our clients less than the actual value of their claims. If an insurance company minimizes or denies your wrongful death case, we can file a lawsuit and fight for what you deserve at trial, if necessary.
Morgan & Morgan knows that families need fair compensation when they lose a loved one. Our tenacious attorneys have, to date, recovered over $15 billion in damages for clients. We could help you, too, get what you need after the loss of a loved one. You pay nothing unless and until we recover for you.
We Are Here for You
Dealing with the aftermath of a car accident can be overwhelming and exhausting. However, if you do not know what you should do after a car wreck in Boston, we can be here for you. Contact us today to find out about your options in a free consultation.