Boston Injury Lawyer Blog

A WBZ-TV report states that Massachusetts state troopers are responsible for close to 500 of the motor vehicle crashes that have occurred on state roads since the turn of the century.

According to the study, close to 120 police officers have had at least four accidents since 2000, with speeding, inattentiveness, and following other vehicles too closely being among the common causes.

State police information shows that most of these collisions took place when troopers were heading to work or during regular patrols and when the weather and roads were in good condition.

In more than half of the crashes that took place, senior state police cleared the officers involved in the motor vehicle collision from blame. Senior officers found police partially to blame in only 7% of cases. Troopers were found responsible for 19% of the accidents.

Just because police are allowed to chase after suspects doesn’t mean they should not be held accountable when a person is injured because a police officer was negligent, careless, reckless, or speeding unnecessarily.

Police chases are sometimes unavoidable. It is unfortunate, however, that 33 to 40% of
the people hurt or killed in police chases are innocent bystanders that just happen to be on the road—either as a pedestrian or a motorist—when the pursuits have taken place.

If you or someone you love was hurt anywhere in Massachusetts because a motor vehicle driver was negligent—even if the driver was a police officer—you should speak with a Massachusetts personal injury lawyer right away to find out if you have grounds to file a personal injury claim or lawsuit.

In 2006, there were 38,588 deadly motor vehicle collisions in the United States resulting in 42,642 deaths. Not only did these people lose their lives but their loved ones’ lives were altered irrevocably also.

You are entitled to wrongful death compensation if your loved one died on a Massachusetts road because of a negligent driver. There may even be more than one party that can be held liable for the personal injury accident.

Report: Troopers Have Caused Nearly 500 Crashes in Last 7 Years

Fatality Analysis Reporting System, NHTSA

Related Web Resource:

National Highway Traffic Safety Administration

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The newborn twins of movie star Dennis Quaid are recovering from a massive overdose of a blood-thinning drug that they received while at Cedars Sinai Medical Center in Los Angeles, California.

The two-week old twins, Zoe Grace and Thomas Boone, and another child were accidentally given 10,000 units of Heparin, instead of the 10 units that babies are supposed to receive.

TMZ.com reports that the babies started “bleeding out” after they were given the overdose.

Cedars-Sinai Medical Center is one of the top hospitals in the United States. On Wednesday, the hospital apologized for the mistake, which it called a “preventable error.”

Heparin is an anticoagulant that is used to prevent blood clots and clean IV tubes. According to Dr. Michael Langberg, Cedars-Sinai chief medical officer, the three babies are recovering and were treated with a drug that reverses Heparin’s effects.

A patient who is injured because he or she was given too much or not enough medication could have grounds to file a medical malpractice case against the doctor and/or hospital that made the medical error.

Last year, three premature babies died at Methodist Hospital in Indianapolis when they were given 1000 times the strength of Heparin than they should have received. The mistake happened because a pharmacy technician had put vials with the stronger dose of Heparin in the wrong cabinet and no one noticed the mistake.

The label for the correct dose should have said “Hep-lock” instead of “Heparin,” and the medication was dark blue in color, instead of baby blue. Three other babies, who were also given too much Heparin, survived.

Approximately 1.5 million people a year are injured because of medication errors that occur in hospitals, nursing homes, and doctors’ offices. A 1999 study showed that some 7,000 deaths occur because of drug errors. Many errors are preventable.

Poor handwriting on prescriptions, pharmacy error, mix-ups at hospitals, and prescribing the wrong drug because its name is similar to the correct drug are some common causes of drug errors.

Medical malpractice cases involving drug errors are complex cases to prove. This is why you need an experienced medical malpractice attorney who is experienced in handling cases involving medical errors and drug errors.

Dennis Quaid twins recovering from medical overdose, Reuters, November 22, 2007

Drug errors injure more than 1.5 million a year, MSNBC.com/AP, July 20, 2006

How drug mix-up that killed 3 babies happened, MSNBC.com, September 22, 2006

Related Web Resources:

Cedars-Sinai Medical Center

Heparin: Overdose and Contraindications, Rxlist.com

Families upset over new Heparin overdose cases, MSNBC.com, November 22, 2007

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In Boston, US District Judge Reginald C. Lindsay issued a ruling yesterday that held the FBI responsible for the 1982 execution-style killings of two men who were allegedly murdered by the Winter Hill gang. The judge called on prosecutors to negotiate wrongful death settlements with the families of the two men.

The federal judge pointed to evidence of liability when it cited several high-profile cases in which the government said that Michael Donohue and Edward Brian Halloran were killed because a rogue FBI agent told James “Whitey” Bulger, a fugitive mobster, that Halloran was an informant.

Judge Lindsay said wrongful death trials were not needed to determine whether the government should be held liable in the slayings of the two men. He also told Prosecutor Andrew Kaplan to tell the US Department of Justice that it should settle not only the Donahue and Halloran lawsuits, but also at least four other wrongful death lawsuits filed by families of people allegedly murdered because of the way the FBi mishandled Bulger and other criminal informants.

Judge Lindsay will hold a trial next year to determine the damages that the government owes the families of the two men.

Last year, Judge Lindsay ordered the government to pay Quincy resident John McIntyre’s mother over $3 million because he found the FBI liable in the fisherman’s murder. The ruling was the first one brought against the government by victims of Bulger and his mob.

Judge Lindsay also said that the FBI properly supervised John J. Connolly Jr, a former FBI agent. The government had previously argued that it was not liable for the slayings because Connelly acted within the scope of his authority. Connelly was sentenced to 10 years in prison for his conviction related to racketeering, lying to an agent, and obstruction of justice charges.

Connelly is scheduled to stand trial in Florida on state charges that he assisted Burger and Flemmi in organizing the murder of a Boston businessman.

Filing a wrongful death claim or lawsuit against a state or federal government is more complicated than filing a personal injury claim or lawsuit against a person or business. This type of case requires the expertise of an experienced wrongful death lawyer that understands the complexities that can arise.

US judge faults FBI in 1982 slayings, Boston.com, November 20, 2007

Related Web Resources:

FBI posts pictures of possible Whitey Bulger, Boston.com, September 14, 2007

Judge: Connolly Jury Can Hear About Mob Murders, Laborers/Boston Herald, April 10, 2002

Continue reading "Federal Judge Says FBI is Liable In 1982 Wrongful Death Murders by Winter Hill Gang in Massachusetts" »

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Every year, around 44,000 Massachusetts residents suffer from traumatic brain injuries (TBIs) caused by accidents. Car accidents, truck accidents, pedestrian accidents, fall accidents, sporting accidents, shaken baby syndrome, and physical assaults are some of the common accidents that can lead to TBIs.

A traumatic brain injury from an accident is usually caused by a jolt or blow to the head area. A brain injury can be located in just one area of the brain or diffused over more than one area. Traumatic brain injury symptoms can range from mild to severe and will vary depending on the degree of damage sustained by the brain.

TBI symptoms can include:

• Numbness
• Problems communicating
• Difficulty swallowing
• Difficulty thinking clearly
• Difficulty paying attention
• Poor judgment
• Problems sleeping
• Headaches
• Nausea
• Fatigue
• Balance problems
• Ringing in the ears
• Amnesia
• Mood swings
• Sexual dysfunction
• Seizures

Traumatic brain injuries can be temporary or permanent—again, depending on the seriousness of the TBI. Paralysis, coma, behavioral and emotional problems, the impairment of regulatory functions in the body, psychological trauma and difficulties, and death can also result.

TBI’s can be life altering and traumatic for TBI victims, their family, and friends. The recovery services and/or long-term care required to treat a TBI can be very expensive. This is why it is so important that you speak to an experienced Massachusetts traumatic brain injury lawyer right away. Your TBI attorney can prove that your brain injury was sustained in an accident that was caused by another party’s negligence or carelessness. You may be entitled to receive personal injury compensation for your TBI.

You cannot afford to handle this type of case without a personal injury lawyer. TBI injuries are complicated to prove, and your TBI attorney can work with experts who know how to determine the extent of your injuries and how much medical care and recovery you will need.

Brain Injury Survivors Come to Grips with New Lives, Boston.com, November 18, 2007

What is a Traumatic Brain Injury, Brain Injury Association of Massachusetts

Related Web Resources:

Brain Injury Types, Head Injury.com

Traumatic Brain Injury, National Institute of Neurological Disorders and Strokes

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A preliminary autopsy by the Los Angeles County coroner reveals that rapper Kanye West’s mother may have died because of cosmetic surgery or anesthesia related to the surgery.

Donda West, 58, received cosmetic surgery from Dr. Jan Adams, a well-known Brentwood, California plastic surgeon who has been seen on TV shows, including “Extra” and “Oprah.” He hosts his own show about plastic surgery on the Discovery Health Channel. His show was pulled after West’s death.

After her surgery, West was sent home to recover. Paramedics rushed her to a Marina del Rey hospital the following day. She died at the hospital.

Dr. Jan Adams has settled at least two major medical malpractice lawsuits in the past. He also has multiple criminal convictions for alcohol-related offenses. Earlier this year, the Medical Board of California and the state attorney general’s office served Dr. Adams a complaint seeking to suspend or revoke his medical license.

The American Society for Aesthetic Plastic Surgery says that nearly 11.5 million cosmetic nonsurgical and surgical procedures took place in the U.S. last year. Botox injections and liposuction being are two of the most popular cosmetic procedures.

Cosmetic Surgery Malpractice
Every kind of surgery carries a certain risk—especially if errors or complications occur during the procedure. In plastic surgery, errors by a plastic surgeon can lead to injuries, including scarring, disfigurement, tissue malfunction, and death.

Common mistakes that can lead to grounds for a plastic surgery malpractice claim or lawsuit include:

• Surgeon inexperience or carelessness
• Poor surgical training
• Anesthesia errors
• Disfigurement
• Prolonged sedation
• Under correction
• Over correction
• Nerve damage
• Scarring
• Post-operative mismanagement
• Wrong implant size
• Assymetry
• Excessive facelift
• Lidocaine overdose
• Burning from chemical peels
• Allergy to medication
• Sex abuse by surgeon, nurse, or another medical worker

If you or someone you love is seriously injured because of a plastic surgery error, you should speak with an experienced medical malpractice lawyer who knows how to prove negligence and properly pursue your claim or lawsuit.

Surgery or anesthesia cited in death of rapper's mother, Los Angeles Times, November 14

Donda West's surgeon faced malpractice suits, records show, CNN.com, November 13, 2007

Related Web Resources:

Read the Medical Board of California's Complaint Against Dr. Adams (PDF)

Dr. Jan Adams

Cosmetic Surgery: What to Know Beforehand, MayoClinic.com

Continue reading "Coronor Says Rapper Kanye West’s Mother May Have Died From Cosmetic Surgery or Anesthesia" »

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World Against Toys Causing Harm (WATCH), a Boston, Massachusetts based toy safety group has released its yearly “!0 Worst Toys” list. The list points out the hidden dangers in certain toys. This toy list is updated every year. This year, however, it is especially significant in light of all the toy recalls that have taken place—particularly involving toys with lead in them that were made in China.

Toy injuries that are caused by a defective or dangerous toy because a manufacturer of a toy was negligent can be grounds for a products liability claim or lawsuit. A personal injury lawyer can help you file your personal injury claim or lawsuit.

The list includes:

1. Go Diego Go Animal Rescue Boat, made by Fisher-Price: This toy was recalled because they were painted with what could be excessive quantities of lead.

2. Sticky Stones, made by GeoCentral: A pontential choking hazard and cause of internal injuries.

3. Jack Sparrow’s Spinning Dagger, made by Zizzle: May cause eye injuries and does not come with a manufacturer warning.

4. L’il Giddy Up’ Horse – Sassy Pet Saks, made by Douglas Co.: The Beads on the this toy can be removed and swallowed easily and can also lead to aspiration injuries.

5. Dora the Explorer Lamp, made by Funhouse: A potential cause of burns and electric shock.

6. Spider Man 3 New Goblin Sword, made by Hasbro: May cause impact injuries, including facial injuries.

7. Hip Hoppa, Made by Spin Master Ltd. and Vivid Imaginations Ltd.: Could lead to head injuries and fall injuries.

8. B'Loonies Party Pack, made by Ja-Ru Inc.: Flammable chemicals could lead to ingestion and burn injuries.

9. My Little Baby Born, made by Entertainment Inc.: Zapf Creations AG: The plastic pacifier attached to ribbon that comes with the doll is a choking hazard.

10. Rubber Band Shooter, made by Simple Toys LLC: May cause serious eye injuries.

Toy Injury Statistics:

• About 155,400 children under 15 years of age received medical care at hospitals in 2003 because of toy-related injuries.

• 64% of toy-related fatalities that year were caused by choking.

• Nearly 50% of toy-related injuries are sustained by children injured on the head or face.

• Drowning, falling off a toy, and suffocation are other common causes of toy related injuries.

Toys to avoid this holiday season, Boston.com, November 14, 2007

Toy Safety - Injury Statistics and Incidence Rates, Children's Hospital, Central California

Related Web Resources:

World Against Toys Causing Harm

Hey, you'll poke your eye out with that thing!, MSNBC, November 14, 2007

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Singer Trey Songz says he is thinking of filing a personal injury lawsuit against Springfield police officers because of his recent arrest at a club in Massachusetts.

The R & B singer was arrested on November 3 after his concert at the Hippodrome. Following his performance, a shooting took place outside the club’s parking lot. Songz was not involved in the shooting but he was arrested with two other members of his entourage.

Songz says police closed down the parking lot and prevented him and his entourage from leaving after gunshots were fired. He says police insisted on searching all of them and that they used excessive force to bring down his bodyguard. He claims that seven police officers assaulted his bodyguard and struck him with a nightstick, leaving bruises on his face and causing his arm to fall “out of place.”

Songz also claims that the police officers made crude and racists jokes and comments that they directed at Songz and his entourage. He says four police officers tackled him and assaulted him by kneeing his throat and kicking him in the ribs.

Springfield police deny the accusations and say that the officers acted appropriately and were responding to the verbally and physically abusive actions of Songz and his entourage.

Police Brutality
Even though law enforcement officers are supposed to serve and protect people, there are police officers who abuse their position of authority and power and engage in unjustified shootings, deadly chokings, severe beatings, verbal abuse, sexual assault, and other unnecessary and illegal violent behavior, including making false arrests, unnecessary use of a TASER gun or nightstick, fabricating/planting evidence, speeding in a police cruiser unnecessarily while chasing a suspect, and illegal killings.

Boston, Massachusetts is one of a number of U.S. cities where the Human Rights Watch has documented incidents of police misconduct. There are thousands of cases of police brutality that occur—many of these cases go unreported.

If you or someone you love was injured (or killed) in Massachusetts because a police was involved in a high speed car chase or because a police officer dealt with you in a manner that was excessively and unnecessarily violent—whether verbally, emotionally, mentally, or physically, you should speak with an experienced Massachusetts personal injury lawyer who is experienced in dealing with cases involving police brutality.

Continue reading "Singer Trey Songz Considers Filing Personal Injury Lawsuit Against Springfield, Massachusetts Police" »

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Merck & Co. says it will set up a $4.5 billion fund as part of its settlement agreement to resolved the majority of the personal injury claims and lawsuits that have been filed by thousands of plaintiffs who had heart attacks and strokes because they used the painkiller Vioxx. The settlement agreement applies to lawsuits filed in U.S. state and federal courts—ever since Merck withdrew the once-popular painkiller off the market.

In order for the settlement to go into effect, however, at least 38,000 of the plaintiffs who have filed lawsuits against Merck must sign the agreement and its terms. As part of the settlement, any law firm representing plaintiffs in a Vioxx claim or lawsuit must recommend the deal to all clients who are eligible for compensation from the settlement fund.

The settlement amount that a plaintiff can receive would depend on the extent of the plaintiff’s injuries and the amount of time that he or she took Vioxx.

The New York Times says that about 47,000 plaintiffs are part of the 27,000 products liability lawsuits that have been filed against Merck. The average plaintiff could likely receive a little over $100,000 before legal fees and expenses are deducted. Plaintiffs do not have to take part in the agreement, but they could find it a challenge to pursue the case if some of the country’s top litigation attorneys agree to the settlement.

Merck negotiated the settlement with a group of lawyers that represent the majority of the plaintiffs.

If the agreement were to go into effect, the total amount that Merck would pay would not exceed $4.5 billion. The pharmaceutical giant says it plans to defend itself against claims that are not part of the settlement. So far, Merck has won 11 Vioxx lawsuits and lost five others.

Vioxx was recalled in 2004 after studies confirmed that use of the painkiller could increase the risk of stroke and heart attack. Merck withdrew the painkiller from the market on September 30, 2004.

By initially defending itself aggressively by going to trial rather than settling early, Merck was able to reveal some of the weaknesses in cases filed by many plaintiffs who could not prove that taking Vioxx caused their heart attack or stroke. A verdict in August 2005, however, held Merck liable for the death of a man who died after taking Vioxx for less than 12 months. Merck was ordered to pay his widow Carol Ernst $253.5 million.

Merck agrees to pay $4.85 billion in Vioxx settlement, Boston.com/Reuters, November 9, 2007

Related Web Resources:

Timeline Of Vioxx-Related Events, CBS News, April 5, 2006

Merck and Company

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A jury in Los Angeles says Dole Food Co. Inc. must pay six Nicaraguan farm workers $3.2 million dollars for injuries they say they sustained on the job over 30 years ago.
The six men say they became sterile because Dole used a banned pesticide at the plantations where they were employed. The injuries occurred in Central America.

The jury is back in court to determine whether Dole and Dow Chemical Co, a codefendant in the lawsuit, should be asked to pay punitive damages to punish them for wrongful actions.

The LA jury determined that DBCP was defective and its benefits—increases banana harvests up to 20%--were outweighed by the risks.

So far, courts in Nicaragua have returned over $600 million in judgments against Dole and other companies but none of the money can so far be collected. The jury determined that Dole intentionally did not tell workers of the risks associated with the chemical. Dow must pay 20-40% of the awards owed to each worker. Dole claims that it did not hide the risks from workers.

Dow, the co-defendant in the case, claims that DBCP is not defective if used properly.

Four more personal injury lawsuits involving thousands of workers from Honduras, Costa Rica, Panama, and Guatemala are pending. The workers say that they too were injured because Dole used DBCP at their plantations.

Internationally, tens of thousands of workers have filed lawsuits over the use of the chemical.

DBCP is banned almost everywhere in the world. The chemical is used to fight pests that attack fruit tree roots. The chemical also is known to make rabbits—and, allegedly, human beings sterile.

The Environmental Protection Agency says DBCP can cause cancer and liver and kidney damage especially if a person is exposed to high levels for an extended time period.

Companies in the United States stopped using DBCP after workers at a Lathrop, California plant appeared to become sterile after working with the chemical. The workers injured at the Lathrop plant sued the company they were working for and won. DBCP was pulled off shelves in 1979.

If you or someone you love has sustained serious injury or harm because of a defective or dangerous product, you may be able to file a products liability lawsuit against the party responsible for your injuries.

Jury considers punitive damages against Dole, Los Angeles Times, November 6, 2007

Dole must pay farmworkers $3.2 million, Los Angeles Times, November 6, 2007

Pesticide’s Victims Will Finally Come Before a U.S. Court, Council on Hemispheric Affairs

Related Web Resources:

Dole Food Company, Inc. Pleased by Jury Verdicts against Half of Plaintiffs in DBCP Cases, Dole, Business Wire, November 5, 2007

Continue reading " Dole Foods Must Pay Nicaraguan Farm Workers $3.2 Million for Personal Injuries" »

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Cargill Inc. says it is recalling over one million pounds of ground beef because of fears of E. coli bacteria contamination. Massachusetts, Maryland, Connecticut, New Jersey, Maine, Michigan, Ohio, New York, Virginia, and Pennsylvania are the 10 states affected by the recall. This is Cargill Inc’s second voluntary meat recall due to E. Coli concerns over the last few weeks.

Ground beef affected by this recall was produced by Cargill between October 8 and October 11 at its Wyalusing, Pennsylvania plant. The beef was sold at a number of retailers, including Weis, Giant, Stop & Shop, and Shop Rite.

The Agricultural Department found E. Coli O157:H7 in a beef sample that was produced on October 8, 2007. Cargill is working with the USDA Food and Safety Inspection Service to track down the million plus pounds of ground beef that could have been contaminated with E. Coli bacteria so they can be pulled from stores.

In early October, Cargill voluntarily recalled over 840,000 pounds of ground beef patties that were sold nationally at Sam’s Club stores because of contamination by the same strain of E. coli. One girl, 4-year-old Callie Gustafson, was hospitalized with E. coli after eating the ground beef. Her parents have filed a products liability lawsuit and claim their daughter sustained permanent injuries because of her illness.

The CDC says there are 73,000 reported E. coli cases every year. Around 61 of these cases result in fatalities. Around 2100 cases require hospitalization.

E Coli contamination of meat usually happens during the slaughtering process, when the feces and the testicles of the animal can end up coming into contact with the carcass. If the carcass isn’t sanitized, the E. Coli bacteria becomes mixed into the meat during the grinding process.

A meat producing company is required to make sure that all sanitation measures are followed so that E. coli contamination does not occur to the meat sold in the marketplace. If a person becomes sick because of eating the contaminated meat, he or she can file a personal injury lawsuit against the manufacturing company.

If you or someone you love believe that you contracted E. coli because the meat or other food item you purchased was contaminated, do not hesitate to call an experienced Massachusetts products liability lawyer right away.

Cargill Recalls 1 Million Pounds of Beef, AP, November 3, 2007

E. coli O157:H7, About E. coli

Related Web Resources:

Sam's Club recalls Cargill-made hamburgers in U.S., Reuters, October 6, 2007

E. coli, Centers for Disease Control & Prevention

Continue reading "Massachusetts is One of 10 States Affected By Cargill Ground Beef Recall" »

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The Centers for Disease Control & Prevention issued its report on Friday on accidental injury deaths in the United States. Of all 50 states, Massachusetts has the lowest rate of accidental fatalities, which are the number one cause of death among people under 45 years of age.

According to the report, Massachusetts had a rate of 20.4 accidental deaths for every 100,000 residents from 1999-2004. The national average per 100,000 state residents is 36.3. Motor vehicle accidents ranked nationally as the number one cause of death. In Massachusetts, however, there are 7.7 traffic accident deaths for everyone 100, 000 residents.

Falls, poisoning, drowning, and suffocation are some of the other kinds of accidental deaths that the CDC considered for its study.

Nationally, the CDC says there is a 7% increase nationally in accidental deaths. From 199-2004, 625,328 people died in the US because of accidental injuries.

The CDC named New Mexico as the state with the highest rate of accidental injury deaths—60.9 for every 100,000 residents—with Alaska (58.6) and Mississippi (58.1) not lagging far behind.

Other kinds of accidental injury deaths include whiplash, sports injuries, machinery accidents, burns, work-related injuries, natural accidents, toy-related injuries, medical malpractice incidents, defective or malfunctioning products, pedestrian accidents, premises liability, exposure to lead or other hazardous substances.

An accidental injury death is a fatality that occurred accidentally and unexpectedly. While a fatality that occurs accidentally was often caused unintentionally—there are deaths that could have been prevented had another person or party not acted negligently, carelessly, or recklessly.

As the surviving family member who has lost a loved one, there are civil remedies that you can take to hold the negligent party liable for your loss. You should speak with an experienced personal injury lawyer who can advise you of your legal options.

Study: Massachusetts has lowest accidental death rates in nation, AP, November 1, 2007

U.S. Accidental Deaths On An Upward Trend, CBS News, November 1, 2007

Related Web Resources:

Center for Disease Control & Prevention

Accidental injury, Wrong Diagnosis

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Kathleen Vasa, the Massachusetts widow of the doctor who died when his 76-year-old cancer patient crashed her motor vehicle into the hospital’s radiation therapy unit where he worked, is suing the driver, Jane Berghold, for wrongful death.

Berghold, who crashed her car into the hospital on October 15, claims that she tried to stop the car but the brakes wouldn’t work. She has been charged with two counts of vehicular homicide by negligent operation and one count of operating to endanger.

Susan Plante, a 59-year-old hospital worker, also died from her injuries.

Wrongful Death
A person’s death is considered a “wrongful death” when the death occurred because another person, company, or entity acted negligently, carelessly, recklessly, or irresponsibly. Usually, only immediate family members can file a wrongful death claim or lawsuit.

Damages awarded in a wrongful death lawsuit usually take into account the financial and emotional costs that the loved one’s loss may have on surviving family members. Loss of emotional and financial support, medical and funeral expenses, loss of companionship, loss of benefits, and loss of inheritance are among the factors that can be taken into consideration. In certain cases, a plaintiff in a wrongful death case may also be awarded punitive damages to punish the defendant for their actions.

In Massachusetts, the Massachusetts Wrongful Death Statute describes how a wrongful death statute would be divided among surviving family members:

• If there is a surviving spouse and no children, but there are other relatives -- the spouse takes the first $200,000, and 1/2 of the remainder of the estate. The next of kin takes balance.

• If the deceased left behind a spouse and children -- spouse takes 1/2 and children receive the remaining balance.

• If there are no children or relatives-- the surviving spouse takes all.

• If the spouse is deceased, then everything goes to the children to be divided equally between them.

• If there is no spouse or children, the parents are the beneficiaries of a wrongful death award.

• No spouse, children or parents --shares then proceed to the brothers and sisters or descendants of deceased siblings divided equally among those in the same generation.

• No one listed above -- Whoever is the next closest in kinship, takes all.

Widow sues driver in hospital crash, Boston Globe, November 1, 2007

Massachusetts, Summary of State Wrongful Death and Intestacy Statutes

Related Web Resources:

Second person dies following car crash into hospital entrance, Boston Globe, October 16, 2007

Massachusetts Wrongful Death Statute

Continue reading "Massachusetts Widow of Doctor Killed When Driver Crashed Into Brockton Hospital Sues for Wrongful Death" »

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Posted In: Car Accidents , Wrongful Death

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