Legal Question in Personal Injury in Massachusetts

I'm sorry to hear that you have lost your father. In what capacity did your father's wife sue the other party, in her individual capacity or as executrix of his estate?

If she won an award in her own right (suing for 'wrongful death'), then the award is hers alone. If she sued in her capacity as the executrix or administratrix of your father's estate (a 'survival action'), then the award is for the estate.

If you would like to make an appointment to discuss this in greater detail, please contact my office. 617-357-4898.

You should call me to discuss. I have done a lot of research on a very similar issue that came up in an appeal I handled a couple of years ago. The answer of where this comes out depends on several issues you have not set out in your answer. Do not let anyone tell you that only the wife has a right to recover for wrongful death damages since the statute states clearly otherwise. A pre-death pain and suffering award goes to the estate, however, and if there was a will and an executrix or there was no will and there was an administrator is something that you will need to know. The bottom line is there are a lot of children to share with and like decision by committee these are difficult cases. There was a medical malpractice wrongful death case that was tried a few years ago and despite the fact there was a fairly significant offer the children could not decide and the amount offered divided by the number of children caused them to take a pass on the offer and ultimately get nothing. when the jury found for the defendant. Good luck and please get some competent advice, even if you have to pay for it. Sometimes things that are free are not worth much. Regards, JBS