Massachusetts Complaint for Wrongful Death - Single Count

State:
Multi-State
Control #:
US-M6795
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
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FAQ

In Massachusetts, the surviving spouse is the first beneficiary. Next in order are the deceased's children, parents, and siblings. If there are no close relatives, the next of kin will be the beneficiary.

Degrees of kinship are used to identify heirs at law in the ?next of kin? category ONLY if there are no members in the first four groups of heirs: (1) surviving spouse, (2) children and their descendants, (3) parents, and (4) brothers/sisters and their descendants.

Laws Ann. ch. 229, § 2 states that a "wrongful death" is a death caused by negligence, a "willful, wanton, or reckless act," or breach of warranty.

Comply With the Relevant Federal, State, and Local Rules. ... Research Before Writing. ... Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. ... Jurisdiction. ... Draft Concise and Plain Statement of the Facts. ... Factual Allegations. ... Draft Separate Counts for Each Legal Claim. ... Plead Facts With Particularity Where Necessary.

Beneficiaries have the right to be informed about the administration of the estate, including being notified about the start of the probate process. They have the right to receive a copy of the will and are entitled to an accounting of the estate's assets, debts, and distributions.

In a wrongful death lawsuit, the family is entitled to collect compensation for the loss of their loved one and the future earnings they may have received before the cause of death.

The case could be about a contract dispute, damage to property, injury to a person, credit card or other debt, work-related disputes, and more.

In a structured settlement, the losing party pays damages in installments over time, usually on a regular schedule. It may be months or years, depending on any agreement reached or what is ordered by a court. The intermittent payments continue until the settlement has been paid in full.

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Massachusetts Complaint for Wrongful Death - Single Count