Experiencing the incapacitation or loss of a loved one is an overwhelming and painful ordeal. If you’re grappling with such a situation, you’re likely also facing difficult legal decisions, including whether you can file a personal injury claim on that person’s behalf.
At Kiley Law Group, we know this is a sensitive time, and navigating the legal process might feel like an added burden. But you don’t have to go through it alone. We are here to help you understand your legal options, fight for your loved one’s rights, and secure the justice you all deserve.
In situations where a victim has been seriously injured or has passed away due to someone else’s negligence, the family has a legal right to seek compensation. If a loved one is incapacitated or has died as a result of a motorcycle crash, car crash or catastrophic event, it’s crucial to understand that the deceased’s rights don’t disappear.
Wrongful Death Laws in Massachusetts
Massachusetts wrongful death laws allow the deceased person’s family to file a claim if the victim’s death was caused by someone else’s negligence. In such cases, the executor of the estate is typically responsible for filing the claim.
Compensation awarded through wrongful death lawsuits can cover the following:
- Funeral and burial expenses
- Loss of companionship, comfort, and advice the deceased would have offered
- Loss of income the victim would have provided throughout his or her lifetime
- Emotional pain and suffering of the victim before he or she died
- Punitive damages and more
Massachusetts also has a strict statute of limitations, meaning there is a limited time in which you can file a wrongful death claim. Typically, you have 3 years from the date of death to take legal action.
It’s important not to delay. The legal proceedings surrounding a wrongful death claim can be complex and emotionally draining, but at Kiley Law Group, our law firm has a long track record of successfully handling wrongful death lawsuits. We are relentless in fighting for the rights of families, and we’ve helped many others like you navigate this difficult time.
Wrongful Death Laws in New Hampshire
If your loved one was injured or passed away in New Hampshire, the laws allow “any person interested in the estate of a deceased person,” including family members or legal representatives, to file a personal injury claim or wrongful death claim.
The wrongful death claim must be filed within a 3-year window following the death. However, in certain circumstances, this time frame may be shorter or longer depending on when the negligence was discovered.
At Kiley Law Group, our legal team understands that losing a loved one due to someone else’s negligence is not only devastating but also can be financially burdensome. We work tirelessly to ensure that families who have suffered tragic losses receive the compensation they need to help cover funeral costs, lost wages, and other financial damages related to what happened.
Filing on Behalf of a Loved One in Massachusetts and New Hampshire
Under Massachusetts law, certain family members and legal guardians have the authority to file a personal injury claim on behalf of incapacitated adults or deceased individuals.
Sometimes, due to the severity of injuries, an injured person cannot manage his or her own legal affairs or make reasonable decisions. Whether due to a catastrophic car accident or mental incapacity, an incapacitated individual may require a legal guardian or court-appointed guardian to act on his or her behalf in filing a personal injury lawsuit.
You may be able to file a claim on your loved one’s behalf to ensure that the person receives the financial support he or she needs for medical care and other damages. A personal injury lawyer can help you understand the legal options for protecting your loved one’s rights.
In New Hampshire, the laws on whether personal injury claims can be pursued on behalf of incapacitated individuals by their legal guardian or someone who holds power of attorney can be complex. Much depends on the circumstances surrounding your family’s situation.
This legal process can feel overwhelming, but you don’t have to go through it alone. A personal injury attorney can help you navigate the legal system and understand your family’s legal options.
At Kiley Law Group, we provide experienced legal representation for incapacitated accident victims and their families. Whether you’re filing an injury claim on behalf of someone else or need to seek compensation after the loss of a loved one, we can fight tenaciously to protect your loved one’s rights.
No matter what kind of injury claim you’re filing, it’s important to remember that time is of the essence. Don’t delay in seeking legal counsel to successfully navigate the court system and move forward with the legal proceedings.
How a Lawyer Can Help You Fight for Your Loved One’s Rights
Losing or caring for a loved one after a serious accident is an overwhelming experience. If your loved one is incapacitated or has passed away due to someone else’s negligence, you may be eligible to file a lawsuit on that person’s behalf. Navigating the legal process during such an emotionally charged time can feel daunting.
That’s where the compassionate and seasoned attorneys of Kiley Law Group can help. At our law offices, we know that dealing with legal matters is probably the last thing on your mind while you’re caring for an incapacitated loved one or mourning the loss of someone close to you.
Our wrongful death and personal injury lawyers are here to guide you every step of the way and ensure that your loved one’s rights are protected. We seek to ease your burden by providing dedicated and compassionate legal representation.
Consider just a few ways our team can assist your family during this challenging time.
Investigating the cause of incapacitation or death
Proving negligence in a personal injury or wrongful death case requires a thorough investigation. Whether your loved one became incapacitated due to a car accident, medical malpractice, or another form of negligence, your lawyer will conduct a detailed investigation to gather evidence. This might include reviewing medical records, consulting experts, interviewing witnesses, and analyzing accident reports.
In both Massachusetts and New Hampshire, demonstrating that someone’s negligent actions directly caused your loved one’s injury or death is essential to pursuing a successful lawsuit. Your attorney will build a strong case so you don’t have to carry the burden of collecting and organizing evidence.
Calculating compensation and potential damages
One of the most challenging aspects of filing a lawsuit on behalf of an incapacitated or deceased loved one is determining the amount of compensation you should seek.
Personal injury and wrongful death claims allow families to recover damages for a range of financial and emotional losses, including:
- Medical bills and long-term care costs
- Funeral and burial expenses
- Loss of income and financial support
- Pain and suffering
- Loss of companionship or guidance
Each case is unique, and your attorney will assess your loved one’s circumstances to calculate a fair amount of compensation. In Massachusetts and New Hampshire, state laws can impact the types and amounts of damages available, which is why a knowledgeable lawyer is vital.
Guiding you through settlement negotiations or trial
Most personal injury and wrongful death cases are settled out of court, but what if an appropriate settlement cannot be reached?
Throughout the legal process, your attorney will be your advocate, handling negotiations with insurance companies and opposing parties. Insurance companies often aim to settle claims quickly and for as little compensation as possible, but a skilled lawyer will ensure that you are not pressured into accepting less than you deserve.
If a proper settlement cannot be negotiated, and the case does go to trial, your lawyer will represent your interests in court, presenting a strong case. The goal is to secure the best possible outcome for your incapacitated or deceased loved one.
We pride ourselves on our track record of winning wrongful death claims and personal injury lawsuits for families like yours. With years of experience, our personal injury lawyers are committed to securing the best possible outcome for your case. When we take on your case, we will work with medical professionals, gather medical records, and pursue fair settlements to ensure that your loved one’s best interests are always protected.
From investigating the responsible party’s negligence to navigating the complex court system, we handle every aspect of our clients’ cases. Whether you’re filing a personal injury lawsuit on behalf of an incapacitated loved one or seeking compensation after a wrongful death, you will find us to be relentless in our pursuit of justice.
Let Us Provide the Compassionate Legal Help You Deserve
Filing a lawsuit on behalf of a loved one who is incapacitated or has passed away is a complex, emotional, and often overwhelming process. Let the seasoned attorneys of Kiley Law Group provide the legal guidance and emotional support you need to pursue justice, hold the responsible parties accountable, and seek fair compensation for your family’s losses.
Our compassionate legal team is here to help you through this difficult time, step by step. That’s why we offer a free consultation and free case review, which allows you to make informed legal decisions in the best interest of your injured loved one or deceased family member.
Together, we can ensure that your loved one’s rights are protected and that justice is served. Contact us today to schedule a free consultation.
