Q: Can we file a claim even if the other person was not found directly at fault?
A: I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged wrongful death. There may be more than one legal cause of such an incident, however the particular facts would need to be known in order to assess potential claims.
A: What my learned colleague Mr. Swartz said is true. If you mean a traffic court did not find the person at fault may they be sued civilly the answer is yes. I suggest you consult a member of the Mass Academy of Trial Attorneys for the County where it happened---they give free consultations.
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