Northampton, MA asked in Wrongful Death for Massachusetts

Q: Can we file a claim even if the other person was not found directly at fault?

Related Topics:
2 Lawyer Answers
James A.  Swartz
James A. Swartz
  • Boston, MA
  • Licensed in Massachusetts

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.

Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Massachusetts

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.