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Massachusetts Wrongful Death Laws

You’ve 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’t supposed to be a high-risk procedure and your aunt was in relatively good health. You want to learn more, but aren’t 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 to get you started.

Massachusetts Wrongful Death Laws Defined

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.

Massachusetts State Statutes

Ma Gen Laws Ch. 229, § 2

Who May Bring a Wrongful Death Claim?

Only an executor or administrator of a deceased person’s estate can bring a wrongful death claim. There can be co-executors to an estate.

Elements in a Massachusetts Wrongful Death Lawsuit

To win a wrongful death suit, the plaintiffs must prove that a person or company caused the death of another by:

Statute of Limitations

  • All wrongful death claims to be filed within three years of the date of death; or
  • the date the executor or administrator first knew or should have known a wrongful death claim was available.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Massachusetts Codes and Court of Appeals Opinions

Additional Resources: Massachusetts Wrongful Death Laws

Mourning the loss of a loved one is bad enough. Researching the law can be just as painful. If you are thinking of suing a person or business for wrongful death, you’ll need to do more research. We can help. Look below for important links related to wrongful death laws.

Get Professional Help With Your Massachusetts Wrongful Death Claim 

Have you lost someone you love and believe it may be someone else’s fault? If so, you may be able to file a wrongful death lawsuit if you are an estate administrator or executor. A legal professional can help you learn more about the process and whether you have a valid claim. Speak with a Massachusetts injury attorney today.

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