Each year car accidents many car accidents in Boston result in serious personal injury, but some result in death. Unfortunately, the numbers are getting worse instead of better as the Boston Globe reported the number of traffic deaths has risen nearly 50 percent in recent years. When a victim dies in a car accident, as opposed to only suffering injuries, decedent is still the plaintiff, but the case is filed in the name of decedent’s estate, and a representative of plaintiff stands in for the decedent when it comes to settlement negotiations or going to court should the case fail to settle.
The Need for a Probate Estate in a Boston Wrongful Death Car Crash
These cases will be filed with the name of the decedent’s estate on the caption as well as name of the estate’s representative. This representative is ultimately chosen by the Family and Probate court in Suffolk County, but the decedent, through a last will and testament may have a say in the matter posthumously. In the event decedent died with a valid last will and testament, this instrument will declare who he or she had selected as the personal representative of his or her probate estate. If it is clear, and this person is willing and able to accept responsibility, courts generally honor a decedent’s request. Hopefully, a lawyer prepared decedent’s will because when people attempt to use so-called online legal help services, things can get very messy and lead to a lot of problems between family members. Continue reading