{"id":374045,"date":"2017-06-13T14:15:08","date_gmt":"2017-06-13T19:15:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-wrongful-death-laws.html"},"modified":"2022-05-16T00:00:00","modified_gmt":"2022-05-16T05:00:00","slug":"massachusetts-wrongful-death-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-wrongful-death-laws.html","title":{"rendered":"Massachusetts Wrongful Death Laws"},"content":{"rendered":"\n
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Massachusetts Wrongful Death Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You\u2019ve lost your favorite Bostonian aunt in a surgery that went horribly wrong. The doctor claims there was "nothing they could do" but you have a feeling there is more to it than that. This wasn\u2019t supposed to be a high-risk procedure and your aunt was in relatively good health. You want to learn more, but aren\u2019t sure what to do. You also just found out that she named you as the executor of her estate. Now what is the next step? You likely need to speak to a lawyer before you proceed, but here is some general information about Massachusetts wrongful death laws<\/a> to get you started.<\/p>\r\n

Massachusetts Wrongful Death Laws Defined<\/h2>\r\n

Below you will find key information regarding the laws and elements surrounding a wrongful death claim in Massachusetts. Remember, time if of the essence in filing a lawsuit due to the statute of limitations.<\/p>\r\n\r\n

Massachusetts State Statutes<\/b><\/p>\r\n<\/td>\r\n

Ma Gen Laws Ch. 229, \u00a7 2<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Who May Bring a Wrongful Death Claim?<\/b><\/p>\r\n<\/td>\r\n

Only an executor or administrator<\/a> of a deceased person\u2019s estate can bring a wrongful death claim. There can be co-executors to an estate.<\/p>\r\n<\/td>\r\n<\/tr>

Elements in a Massachusetts Wrongful Death Lawsuit<\/b><\/p>\r\n<\/td>\r\n

To win a wrongful death suit, the plaintiffs must prove that a person or company caused the death of another by:<\/p>\r\n

Statute of Limitations<\/b><\/p>\r\n<\/td>\r\n