What Should You Do if Your Loved One Was Involved in a Fatal Accident on I-95 Today in Massachusetts?
Learning that your loved one has lost their life as a result of a fatal accident on I-95 today in Massachusetts is devastating, to say the least. We know you must be overwhelmed with feelings of shock and grief right now.
Unfortunately, Interstate 95 is one of the most dangerous roads in our state. Every year, countless innocent people lose their lives as a result of accidents that take place on this roadway. Although we see accidents take place frequently on this road, it does not ease the suffering that families face after enduring such a devastating loss.
After losing a loved one due to a fatal accident on Interstate 95, your family will face a significant amount of consequences. Knowing what to do during this very challenging time is important. There are legal options available to help your family move forward. Understanding your rights following a fatal accident is critical. In most cases, families pursue legal action after the loss of a loved one.
Filing a Wrongful Death Claim
After the loss of a loved one due to a fatal accident on I-95 today in Massachusetts, you have the right to file a wrongful death claim against the responsible party. This type of legal action can help you recover compensation for some of the losses and damages that your family faces during this very difficult time. This can include recovering compensation for:
- Medical expenses related to any treatment your loved one received following their accident and prior to their passing
- Funeral and burial costs
- Loss of financial support
- Loss of companionship
- Pain and suffering of the deceased before death
- The pain and suffering that your family has experienced
- Loss of consortium
Who Can File a Wrongful Death Case in Massachusetts?
According to Ma Gen Laws Ch. 229, § 2, the only individual who is able to file a wrongful death claim following a fatal I-95 accident in Massachusetts is the executor or administrator of the deceased’s estate. In some cases, there can be co-executors in the estate, each of which is able to join together and file a claim.
A wrongful death claim must be filed within a period of three years from the date of the death. One exception to the statute of limitation exists. This exception states that the statute of limitations begins to toll on the date that the executor or the administrator should have known or first known that a wrongful death occurred.
In order to be successful when filing a wrongful death claim, you must be able to prove that negligent actions performed by the defendant contributed to the accident taking place. Unfortunately, there are several acts of negligence that can cause fatal accidents on Interstate 95 in Massachusetts to occur.
Factors That Contribute to Fatal Accidents on I-95 in Massachusetts
There are many completely preventable reasons why we continue to see fatal accidents on I-95 today in Massachusetts. Some of the leading causes include:
- Reckless lane-switching actions
- Aggressive driving behaviors
- Unsafe tailgating of other vehicles
- Inexperience of drivers
- Vehicle mechanical failures
- Inadequate lane change maneuvers
- Neglecting the right-of-way
- Improperly merging into other lanes
In order to determine the exact cause of the accident that claimed your loved one’s life, it is crucial to have a thorough investigation performed. Working with a skilled and dedicated wrongful death lawyer in Massachusetts will provide your family with the best chance of having a thorough investigation performed. Your attorney will look at the accident from a variety of angles in even reach out to experts who can re-create the accident to uncover critical evidence and information to determine what occurred and what specific act of negligence contributed to the accident.
Determining Negligence in a Fatal I-95 Crash in Massachusetts
The crash investigation is vital to understand what happened before the accident. The investigation process often involves examining various factors to determine if any of these played a role in the accident taking place. Law enforcement will often also focus on finding if the actions of a driver contributed to the crash, such as reckless driving, distractions, or impaired driving.
After law enforcement conducts an investigation, they will issue a report regarding what their evidence indicates. There are instances where the findings of law enforcement does not completely add up. This makes it critically important for you to seek guidance from a wrongful death lawyer who can help to conduct an independent investigation into the accident.
What is Involved in an Independent Crash Investigation?
It is essential to have a wrongful death lawyer conduct an independent crash investigation because it ensures an unbiased, thorough examination of the incident, helping to establish liability and gather evidence crucial for a successful legal case. Your attorney will be able to perform various tasks to ensure you have the most evidence possible throughout the investigative process. Some of the ways that your attorney will go about conducting their investigation include:
- Gathering Evidence: Your attorney will take part in collecting vital information such as photographs of the scene, accident reports, and other evidence to support your case.
- Inspecting the Crash Site: Your attorney may find it necessary to visit the site of the accident and assess the road conditions, all road signs, and other factors that may have contributed to the accident taking place.
- Reviewing Medical Records: Your attorney will review any medical records available in order to prove a case for pain and suffering and other damages resulting from the accident.
- Interviewing Witnesses: Your attorney will conduct interviews with anybody who witnessed the accident taking place in order to gather first-hand accounts.
- Consulting with Experts: Your legal team will work with accident reconstruction experts to analyze data and provide expert testimony if necessary.
- Reviewing the Driving History of the Defendant: Your attorney will conduct an investigation into the driving history and records of involved parties to determine if they have any prior history of traffic violations.
- Conducting Legal Research: Your attorney will discuss relevant laws, regulations, and precedents that may apply to the case.
After performing all of these investigative steps, your attorney will compile all of the evidence together and build a case against the defendant. They will use this information to negotiate compensation on your behalf to ensure your family is able to recover compensation for the damages you face.
Do Not Be Taken Advantage of By Insurance Companies
After the loss of a loved one due to a fatal Interstate 95 accident, your family may be approached by the insurance company. The insurance company will try to offer you a settlement of compensation. In most cases, insurance companies do this to trick families into signing away their legal rights to compensation. Accepting a settlement offer may seem like the right thing to do. However, it can cost you in the long run. You may be entitled to far more than they offer initially.
Ensuring you have legal representation will help make sure you are not taken advantage of by these insurance companies. You should never provide them with statements before speaking to an attorney. The insurance adjuster may come off as being sympathetic and compassionate toward you. However, they are really trying to pay you as little money as possible. If they can find any reason to deny paying you compensation after you experience the loss of a loved one due to a fatal Interstate 95 accident, they will.
In addition to not providing the insurance company with any statements before speaking with a legal team, it is also important that you do not let the insurance adjuster survey the damage to the vehicle. You should first speak to a legal team that will help to explain your rights and fight to ensure your best interests are protected every step of the way.
Do not be surprised if the insurance companies try to threaten you or to strong-arm you into thinking that you have no claim for compensation. Instead, it is in your best interest to allow your attorney to handle all of the communication between the insurance company so that your chances of recovering compensation are not jeopardized.
Take Legal Action Today
After losing a loved one due to a fatal Interstate 95 accident in Massachusetts, it is important that you are well aware of your rights. For this reason, it is crucial that you have the resources and guidance that you need.
At i95accidentalerts.com, we are here to provide you with the support and guidance that you need during this difficult time by helping you connect with a skilled legal team who will fight for justice on your behalf. We understand that no amount of compensation can replace what has been lost, but our goal is to make sure that your family receives the best possible legal representation while seeking closure and peace of mind as you begin the healing process. Contact our team now to get started.