The Short Answer:
In Massachusetts, a wrongful death lawsuit is generally filed by the executor or administrator of the deceased person’s estate. Individual family members usually don’t file the lawsuit directly unless they are also serving in that estate role. Surviving loved ones may still be eligible to receive compensation from the claim, including a spouse, children, or other next of kin, depending on the family’s circumstances.
Massachusetts law also gives families a limited amount of time to act. In most cases, a wrongful death lawsuit must be filed within 3 years of the date of death or within 3 years of when the executor or administrator knew, or reasonably should have known, the factual basis for the claim.
Key Takeaways
- In Massachusetts, the executor or administrator of the estate generally files a wrongful death lawsuit.
- A spouse, child, parent, or other family member may benefit from the claim, even if they are not the person who files it.
- If there is no will, the probate court may appoint an administrator to act on behalf of the estate.
- A wrongful death claim is a civil lawsuit and can move forward separately from any criminal case.
- Compensation may include lost income, loss of companionship, funeral and burial expenses, and, in some cases, punitive damages.
- Massachusetts wrongful death lawsuits generally must be filed within 3 years, so families shouldn’t wait to understand their options.
Table of Contents
- What Is a Wrongful Death Lawsuit in Massachusetts?
- Who Can File a Wrongful Death Lawsuit in Massachusetts?
- Who May Receive Compensation From a Massachusetts Wrongful Death Claim?
- What if There Is No Will?
- What Damages Are Available in a Wrongful Death Case?
- How Long Do You Have to File a Wrongful Death Lawsuit in Massachusetts?
- Is a Wrongful Death Lawsuit Different From a Criminal Case?
- What Should Families Do After a Wrongful Death?
- FAQs: Filing a Wrongful Death Lawsuit in Massachusetts
- Talk to Jim Glaser Law About a Massachusetts Wrongful Death Claim
What Is a Wrongful Death Lawsuit in Massachusetts?
A wrongful death lawsuit in Massachusetts is a civil claim that may be filed when someone dies because of another person or party’s careless, reckless, intentional, or legally wrongful actions. In many cases, the claim is based on conduct that would have allowed the injured person to bring a personal injury lawsuit if they had survived.
Under Massachusetts law, a wrongful death claim may involve death caused by negligence, willful, wanton, or reckless conduct, certain common carrier incidents, or breach of warranty. The lawsuit is usually filed to recover compensation for the losses connected to the person’s death, including the financial and personal losses suffered by surviving loved ones.
Unlike a criminal case, a wrongful death lawsuit does not decide whether someone should face jail time or criminal penalties. Instead, it’s a civil case focused on financial recovery for the estate and eligible beneficiaries.
Who Can File a Wrongful Death Lawsuit in Massachusetts?
In Massachusetts, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate. This person is sometimes called the estate’s personal representative. They are responsible for bringing the lawsuit on behalf of the estate and the loved ones who may be eligible to receive compensation.
If the deceased person had a will, the will may name an executor. If there is no will, or if the named executor cannot serve, the probate court may appoint an administrator to handle the estate. Once appointed, that person may have the authority to file the wrongful death claim.
This means that a spouse, child, parent, or other family member typically does not file a separate wrongful death lawsuit on their own unless they are also the executor or administrator. However, family members may still benefit from the case if they are eligible to receive damages under Massachusetts law.
Wrongful death damages are recovered in an action brought by the executor or administrator of the deceased.
Who May Receive Compensation From a Massachusetts Wrongful Death Claim?
The person who files a wrongful death lawsuit in Massachusetts is not always the same person who may receive compensation. The executor or administrator brings the claim on behalf of the estate, but the damages recovered may be distributed to the deceased person’s surviving loved ones or other eligible beneficiaries.
Depending on the family structure, people who may receive compensation from a Massachusetts wrongful death claim can include a surviving spouse, children, or other next of kin. For example, if the deceased person was married, their spouse may be entitled to part of the recovery. If they had children, the children may also be eligible. In other cases, parents or other relatives may have a right to recover, depending on the circumstances.
This is one reason probate status matters. The executor or administrator has the authority to bring the lawsuit, but Massachusetts law determines how the recovery is handled and who may benefit from it. Because every family situation is different, it’s important to understand both who can file the claim and who may receive compensation before moving forward.
At Jim Glaser Law, we help families understand how Massachusetts wrongful death claims work, including who may serve as the estate representative and who may be eligible to recover compensation after the loss of a loved one.
What if There Is No Will?
If the deceased person did not have a will, there may not be a named executor to handle the estate. In that situation, the probate court may appoint an administrator, sometimes called a personal representative, to act on behalf of the estate.
Once appointed, the administrator may have the authority to file a wrongful death lawsuit in Massachusetts. This person is responsible for bringing the claim for the estate and the eligible beneficiaries, not just for their own personal recovery.
This step matters because a wrongful death lawsuit generally can’t move forward until the right person has legal authority to act for the estate. At Jim Glaser Law, we can help families understand how the estate representative issue may affect a Massachusetts wrongful death claim and what steps may come next.
What Damages Are Available in a Wrongful Death Case?
Damages in a Massachusetts wrongful death case are meant to account for the financial and personal losses caused by the death. While no amount of money can replace a loved one, a wrongful death claim may help surviving family members recover compensation for the support, care, and companionship the deceased person would have provided.
Under Massachusetts law, recoverable damages may include the fair monetary value of the deceased person to eligible beneficiaries. This can include expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice. Families may also be able to recover reasonable funeral and burial expenses.
In some cases, punitive damages may also be awarded. These damages are different from compensation for financial or emotional loss. They may apply when the death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence.
Because wrongful death damages depend on the facts of the case and the family’s relationship to the deceased person, it’s important to have the claim carefully reviewed. Jim Glaser Law helps Massachusetts families understand what types of compensation may be available after a preventable loss.
How Long Do You Have to File a Wrongful Death Lawsuit in Massachusetts?
In Massachusetts, wrongful death lawsuits generally must be filed within 3 years. This deadline is known as the statute of limitations.
The 3-year period usually begins on the date of the person’s death. In some cases, the deadline may begin when the executor or administrator knew, or reasonably should have known, about the potential for a wrongful death claim.
Missing the filing deadline can prevent the estate and eligible family members from pursuing compensation. Because of this, families shouldn’t wait to ask questions about their legal options. Jim Glaser Law can help determine whether a wrongful death claim may still be filed and what steps may need to happen next.
Is a Wrongful Death Lawsuit Different From a Criminal Case?
Yes. A wrongful death lawsuit is different from a criminal case, even when both involve the same death. A wrongful death lawsuit is a civil claim filed by the estate’s executor or administrator to seek financial compensation for the losses caused by the death.
A criminal case, on the other hand, is brought by the government. Its purpose is to determine whether someone broke the law and should face criminal penalties, such as jail time, probation, or fines.
Because these are separate legal processes, a wrongful death lawsuit may still be possible even if criminal charges are never filed, are dismissed, or don’t result in a conviction. The civil case focuses on accountability through financial recovery for the estate and eligible beneficiaries.
What Should Families Do After a Wrongful Death?
After a wrongful death in Massachusetts, families may not know where to start. While every situation is different, a few early steps can help protect the estate’s ability to bring a claim and preserve important information.
Families should consider taking the following steps:
- Get a certified copy of the death certificate.
- Preserve evidence related to the accident or incident.
- Identify whether the deceased person had a will.
- Determine who may serve as executor or administrator of the estate.
- Keep records of funeral, burial, medical, and related expenses.
- Avoid giving recorded statements to insurers without legal guidance.
- Contact a Massachusetts wrongful death attorney to understand the family’s options.
Jim Glaser Law helps families sort through these early questions, including who may have authority to file the claim, what evidence may matter, and how Massachusetts wrongful death law may apply.
FAQs: Filing a Wrongful Death Lawsuit in Massachusetts
Usually, the lawsuit is filed by the executor or administrator of the deceased person’s estate, not separately by multiple family members. More than one family member may have an interest in the outcome if they are eligible beneficiaries.
If there is no will, a probate court may appoint an administrator to act on behalf of the estate. Once appointed, that person may have the authority to bring the wrongful death claim.
The executor or administrator brings the claim on behalf of the estate, but any recovery is distributed according to Massachusetts wrongful death and estate rules.
Parents may be eligible to receive compensation in some circumstances, but the lawsuit itself is generally filed by the estate’s executor or administrator. Whether parents may receive compensation depends on the family structure and applicable law.
Yes. A wrongful death lawsuit is a civil case and may proceed separately from any criminal case. Criminal cases are brought by the government, while wrongful death lawsuits are brought by the estate’s executor or administrator to seek financial recovery.
Family members may need to speak with a lawyer about probate options, estate administration issues, or whether another qualified person can seek appointment. The right next step depends on the facts of the estate, the family situation, and the potential wrongful death claim.
Talk to Jim Glaser Law About a Massachusetts Wrongful Death Claim
Losing a loved one because of someone else’s actions can leave your family with legal, financial, and emotional questions. You may be unsure who has the authority to file a wrongful death lawsuit, who may be eligible to receive compensation, or how much time your family has to act.
Jim Glaser Law helps families understand how Massachusetts wrongful death claims work and what steps may come next. If you believe your loved one’s death was caused by negligence, reckless conduct, or another wrongful act, our team can review your situation for free and explain your options.
