The Short Answer:
To file a wrongful death claim in Massachusetts, a personal representative must be appointed through probate court to initiate the wrongful death lawsuit. The claim must be filed within 3 years of the date of death, per Massachusetts’ statute of limitations.
Work with an experienced wrongful death attorney to gather evidence, establish liability, and pursue the compensation your family may deserve.
Key Takeaways
- A personal representative must be appointed through the probate process to bring the claim.
- Hiring a wrongful death attorney can help you navigate complex legal procedures and build a strong case.
- The lawsuit must be filed within three years of the date of death to meet the statute of limitations.
- Building your case involves gathering medical records, witness statements, and expert testimony.
- You may be able to recover compensation for lost income, emotional suffering, and other damages.
Table of Contents
- What Is a Wrongful Death Claim?
- Who Can File a Wrongful Death Claim in Massachusetts?
- Steps to File a Wrongful Death Claim
- What Compensation Can Be Recovered in a Wrongful Death Claim?
- What Is the Time Limit for Filing a Wrongful Death Claim?
- What Are the Odds of Winning a Wrongful Death Lawsuit?
- Contact Our Massachusetts Wrongful Death Lawyers
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone loses their life due to another party’s negligence, recklessness, or intentional misconduct. In Massachusetts, this legal action is brought by the estate of the deceased on behalf of surviving family members. Unlike criminal charges, which are brought by the state and may result in penalties like jail time, a wrongful death claim is focused on recovering financial compensation for the loss.
These claims commonly arise from situations such as fatal car accidents, medical negligence, dangerous property conditions, or defective products. For example, if a driver runs a red light and causes a deadly crash, or a manufacturer releases a faulty product that leads to fatal injuries, surviving loved ones may have grounds to file a claim.
Who Can File a Wrongful Death Claim in Massachusetts?
In Massachusetts, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate—not by individual family members directly. This representative, sometimes referred to as the executor or administrator, acts on behalf of surviving relatives such as a spouse, children, or parents.
The personal representative is appointed through the probate court as part of the legal process following someone’s passing. This step is required before any wrongful death claim can move forward. In most cases, the representative is a close family member or someone named in the will, but the court may appoint someone else if necessary.
If you’re unsure whether you can file or how to begin the probate process, it’s a good idea to speak with an attorney who can help guide you through it.
Steps to File a Wrongful Death Claim
1. Appoint a Personal Representative Through Probate
In Massachusetts, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This individual is appointed by the probate court and acts as the legal voice for the estate. The process begins by submitting a petition to probate the estate—either based on a will or state succession laws if no will exists. The representative is often a surviving spouse, adult child, or another trusted family member. Until this person is officially appointed, the claim cannot move forward.
2. Hire a Massachusetts Wrongful Death Attorney
Once a personal representative is in place, it’s important to work with an attorney who handles wrongful death cases in Massachusetts. These cases involve gathering complex evidence, consulting with experts (such as accident reconstructionists or medical professionals), and building a clear legal argument that establishes fault. An attorney also manages deadlines, communicates with insurance companies, and represents the estate in negotiations or at trial. For families grieving a sudden loss, having legal guidance can significantly reduce stress and help protect your rights.
3. File Within the Statute of Limitations
Massachusetts law requires wrongful death lawsuits to be filed within 3 years of the date of death. This time limit is strictly enforced. Failing to file within this window can result in losing your right to compensation permanently, regardless of how strong your case may be. There are very few exceptions to this rule, so it’s important to act quickly. An attorney can confirm your timeline and file the claim before the deadline passes.
4. Prove Liability
To succeed in a wrongful death claim, you must show that another party’s actions directly caused the death and resulting losses. Massachusetts law requires proof of the 4 elements of negligence:
- Duty of Care: The defendant had a legal obligation to act with reasonable care (e.g., a driver following traffic laws).
- Breach of Duty: They failed to meet that obligation (e.g., speeding or running a red light).
- Causation: This failure directly led to the fatal incident.
- Damages: The death resulted in measurable harm, such as funeral costs, lost income, and emotional suffering.
Each element must be backed by evidence, such as documentation, witness statements, and expert testimony. This makes early legal involvement crucial for gathering and preserving key details.
What Compensation Can Be Recovered in a Wrongful Death Claim?
If you’ve lost a loved one due to someone else’s negligence, a wrongful death claim in Massachusetts may allow the estate to recover financial compensation for both economic and non-economic losses. While no amount of money can truly replace what was taken, compensation can help ease the financial burdens that often follow an unexpected death.
Economic Damages
These are measurable financial losses related to the death, including:
- Lost wages and future earnings: The income the deceased would have provided to their family over time, including benefits, retirement savings, and future financial support.
- Funeral and burial expenses: Reasonable costs associated with services, cremation or burial, and memorial arrangements.
Non-Economic Damages
These damages reflect the emotional and relational impact of the loss, such as:
- Loss of companionship and support: The loss of a relationship, guidance, care, and daily support that the deceased provided to family members.
- Emotional distress: The pain, grief, and suffering experienced by loved ones as a result of the death.
Compensation is typically awarded to benefit the surviving spouse, children, or other close family members, depending on the circumstances. The court may also consider the nature of the relationship and the degree of financial and emotional dependence when determining damages.
What Is the Time Limit for Filing a Wrongful Death Claim?
In Massachusetts, the statute of limitations for filing a wrongful death claim is 3 years from the date of the person’s death. This is a strict legal deadline, and missing it could result in the court dismissing your case entirely, no matter how strong your claim may be.
In some rare situations, an exception may apply—such as when the cause of death was not immediately known. This is referred to as the “discovery rule,” and it allows the 3-year period to begin on the date the harm was discovered or reasonably should have been discovered, rather than the date of death. However, these exceptions are uncommon and can be difficult to prove.
To protect your legal rights, it’s important to speak with an attorney as soon as possible. They can help you understand exactly how the time limit applies in your case and help ensure your claim is filed on time.
What Are the Odds of Winning a Wrongful Death Lawsuit?
There’s no guaranteed outcome in a wrongful death lawsuit, but several key factors can influence the likelihood of a successful result. These include:
- The strength of the evidence: Clear, well-documented evidence of negligence, such as medical records, police reports, or expert testimony, can significantly strengthen a case.
- The clarity of liability: If the responsible party’s fault is obvious or undisputed, it may increase the chances of reaching a favorable settlement or verdict.
- Legal representation: Having an experienced attorney can make a major difference in how well your case is investigated, prepared, and argued—especially when dealing with insurance companies or complex court procedures.
In many cases, wrongful death lawsuits are resolved through settlements rather than going to trial. Settlements can provide closure more quickly and with less emotional strain. However, if a fair offer isn’t made, taking the case to court may be necessary to pursue the compensation your family potentially deserves.
Do I Need an Attorney to File a Wrongful Death Claim?
Technically, you are not required to have an attorney to file a wrongful death claim in Massachusetts. However, handling the process on your own can be overwhelming, particularly while grieving the loss of a loved one.
Wrongful death cases often involve complex probate procedures, legal filings, and strict deadlines. You’ll also need to gather evidence, prove liability, and calculate damages, all while responding to legal challenges from the other side. Defense attorneys and insurance companies are often aggressive in protecting their clients and minimizing payouts.
An attorney can help guide you through every step of the process, protect your rights, and handle communication with all parties involved. For many families, legal support can provide peace of mind and help ensure the claim is as strong and thorough as possible.
Contact Our Massachusetts Wrongful Death Lawyers
If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate the legal process alone. Our team at Jim Glaser Law is here to help you pursue justice with compassion and care.
We offer a free case review to help you understand your legal options and what steps to take next. Whether you prefer to call or fill out our contact form. We’re ready to listen and support you.
Our attorneys have years of experience handling wrongful death claims across Massachusetts. We know the local laws, the court system, and how to build a strong claim that holds negligent parties accountable.
