MA Wrongful Death Damages by a Mass. Attorney

There are many different types of damages that may be recovered as a result of a wrongful death accident in Massachusetts. Most significantly the beneficiaries in Mass. may obtain “reasonably expected net income” that the deceased would have earned if he survived. MA General Laws Part III TitleII Chapter 229S

If your loved one, spouse, father or mother (parent) died as a result of the negligent action or inaction of a person or corporation, it is important that you retain a good Massachusetts Personal injury Lawyer who has experience in wrongful death fatal accident litigation in Mass. Superior Court.

A MA wrongful death Attorney will help the beneficiaries recover the support and funds they are entitled to under Massachusetts law.

Some of the most common types of collisions that result in a fatality in Massachusetts include Tractor Trailer crashes (Truck Accidents/ Semi Wrecks), Motorcycle wrecks, car / motor vehicle accidents, bicycle accidents as well as pedestrian accidents. There are also many deaths as a result of medical malpractice, surgical malpractice, medication errors and product liability. There have been many reported deadly/ fatal  accidents as a result of premises liability, slip and fall as well as trip and fall.

This is part 1 of a 5 part series concerning available compensation for the beneficiaries of a person killed as a result of negligence in a deadly car, motorcycle,  auto/ automobile, bicycle, truck or medical malpractice mishap. Parts 2-5 will address issues concerning Loss of Consortium, Pain and suffering while Conscious, Medical bills and expenses, Funeral expenses, Punitive damages as well as interest on the wrongful fatality judgment.

“Reasonably Expected Net Income”

In order to properly determine the “reasonably expected net income” of a person who dies in a car or truck accident, it is crucial to look at the decedents projected wages during his working years and then subtract certain deductions to determine how much his loved ones would have obtained.

The obvious question is: what are proper deductions to determine an amount that beneficiaries would have obtained from the person who died in the Ma Car accident. Proper deductions include the living expenses of a person who was killed in the crash as well as income tax. JAMES A. HARDING vs. EVELYN DEANGELIS, administratrix.
39 Mass. App. Ct. 455

“General Laws c. 229, Section 2, see note 5, supra, provides that compensatory damages in a death action shall be in the amount of “the fair monetary value of the decedent” to the persons entitled to receive the damages, including the “loss of the reasonably expected net income” to such persons.” Id.

(1) the fair monetary value of the decedent to the persons entitled to receive the damages recovered, as provided in section one, including but not limited to compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent to the persons entitled to the damages recovered”id.

Massachusetts Wrongful Death Negligence Law:


Legal Notice per Rules of Professional Responsibility: The Rhode Island  Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

  • Facebook
  • Twitter
  • Delicious
  • LinkedIn
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS

Comments are closed.