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What You Should Know About Filing a Successful Wrongful Death Claim in Massachusetts

Published in Personal Injury on April 25, 2023

Reading Time: 3 minutes

When your loved one is robbed of their life early due to a preventable accident, it is within the surviving family’s right to file a wrongful death claim. The at-fault party can be a person, business, or government entity. As long as they owed your family member a standard of care that was broken and resulted in their untimely passing, you likely have a case.

Choosing a wrongful death attorney to handle the nitty-gritty while you focus on family and the grieving process is a big decision. There are many components to a successful wrongful death claim, and hiring the right lawyer for the job is one of the most important. Sweeney Merrigan Personal Injury Lawyers has served the Massachusetts community for many years and helped recover millions of dollars for those affected by wrongful death. Reach out today by filling out our contact form or calling our office at 617-391-9001.

2 Things to Know About Filing a Successful Wrongful Death Claim in Massachusetts

A successful death claim means justice for the victim and appropriate compensation for the surviving family. To ensure you are filing a successful wrongful death claim, it is vital to consider the following:

Only the Executor of the Estate Can File

The general rule of thumb when deciding whether or not to file a wrongful death claim is considering if the victim would have filed for a personal injury claim had they survived the accident. If the answer is yes, then the executor of the estate can file a claim for economic and noneconomic damages.

If no executor of the estate had been identified, the Massachusetts statutes allow for the court to identify an executor. This will commonly be the surviving spouse, eldest child, or closest surviving family member. Once the executor has been established, they may speak with an attorney and begin the filing process. While only one person can file, they are not the only person to receive damages. The entire surviving family is eligible to receive compensation for their losses.

Massachusetts Statute of Limitations for Wrongful Death Claims

Gathering yourself amidst the loss of a loved one and their funeral and burial services to file a claim can feel overwhelming. You may consider putting it off to focus on yourself and your family. If this is the case, it’s essential to note Massachusetts’ statute of limitations for filing a wrongful death claim is three years after the victim’s passing. In cases where the executor did not know they had the right to file a claim, the statute will begin at the date it is assumed they reasonably should have known.

Speaking with an attorney and starting the process before those three years are up also allows for a smoother case. Time-sensitive evidence is more easily gathered, and eyewitness testimony will still hold up.

Filing a Wrongful Death in Massachusetts? Speak With a Knowledgeable Attorney Today

Sweeney Merrigan Personal Injury Lawyers is here to help you and your family get the compensation you need to begin the recovery process. Our co-managing partner, Peter M. Merrigan, has personally devoted his career to personal injury law and fighting for the best results possible for his clients. His years of service have led him to be titled a “Top 40 Under 40 Trial Attorney” as well as a 2015-2018 “Rising Star” according to Super Lawyers.

Trust that your case is in good hands with our knowledgeable and experienced attorneys. We will use every resource at our disposal and even take your case to court if need be. Start the process today by filling out our contact form or calling our office at 617-391-9001.

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