The process of splitting up a wrongful death settlement in Massachusetts can be equally as challenging as going through the process of the lawsuit itself. Continue reading to learn which state laws apply, what happens during the distribution process, and why you need a qualified personal injury attorney.
How Massachusetts Divides Wrongful Death Settlements
A Personal Representative Is Appointed to Manage the Wrongful Death Claim
Under state law, the Probate and Family Court must appoint a personal representative to manage a wrongful death claim. This is similar to the process of distributing assets after a person dies for any other reason. The representative selected will have the legal authority to initiate a lawsuit on behalf of the person who died and negotiate or accept a settlement offer.
Did you know that you have three years to probate an estate in Massachusetts? This is also the same amount of time you have to file a wrongful death claim.
If the decedent had a will, it most likely names an executor, which is the same thing as a personal representative. In the absence of a will, however, the court decides who should serve based on their relationship to the deceased. Typically, this is the person’s spouse or their adult children if their spouse is also deceased.
If there are no adult children, the court would consider the next of kin. Anyone who wishes to become the designated representative must formally petition the court to do so. However, an individual may be disqualified if they have a criminal history or a conflict of interest that could impact their decisions.
A Settlement Is Reached
Once the personal representative is selected and begins the claim, they must act in the best interests of the decedent and their estate. They are also responsible for collecting evidence, communicating with persons involved, and navigating the claims process. Once a settlement is reached or one is issued by a judge, the lawsuit is complete. However, the representative still has some work to do.
Further Reading: Should You Settle Your Wrongful Death Claim?
The Massachusetts Probate and Family Court Approves the Settlement
Before the at-fault party in a wrongful death lawsuit pays any money, the Probate and Family Court must review and approve the settlement agreement or court order. This is to make sure that the settlement is fair and in accordance with Massachusetts law.
The Distribution Proposal Is Reviewed
Next, the personal representative must propose a distribution plan that shows how they intend the settlement to be divided up. It should also include how much of the settlement will be going to outstanding fees, medical bills, and lawyer costs. Then, the amount left over can go to the selected beneficiaries.
At this time, the court will also consider who qualifies as a beneficiary and if the proposal compensates them fairly in order of their dependency on the deceased.
Final Distribution Takes Place
After the court approves the plan, the defendant is required to pay, and the final distribution takes place. The deceased’s representative must satisfy any expenses related to the claim first and can then pay beneficiaries as outlined in the proposal.
The Role of a Massachusetts Wrongful Death Lawyer
Your Massachusetts wrongful death lawyer plays a key role in the process of filing a lawsuit and determining which beneficiaries should be compensated and how much. Not only do they help you submit evidence and advocate for you during a trial, but they also deal with insurance companies and the defendant’s legal team on your behalf.
If there are complex family dynamics involved, your attorney can also help you identify who is and isn’t legally entitled to restitution.
Further Reading: What to Expect When You Meet with a Wrongful Death Attorney
Was Your Family Member the Victim of a Wrongful Death? Contact Mazow | McCullough, PC Today
If your loved one died due to the negligence or carelessness of someone else, you may be able to pursue compensation through a wrongful death claim. At Mazow | McCullough, PC, we have extensive experience helping families like yours get the restitution they deserve and obtain justice for their loved one’s passing.
Contact us today to learn more or to book a free initial consultation at our Salem law office. Call (978) 744-8000 or (855) 693-9084 to get started, or send a message online through our convenient contact form here.
