If you are the loved one of someone who died in an accident through no fault of their own, you may be wondering if you can sue the person or business who caused their death. Below, we go over who can file a wrongful death claim in Massachusetts, how to navigate the process, and what our experienced and caring personal injury lawyers can do to help.
Who Has Standing to File For Wrongful Death In Massachusetts?
Massachusetts law states that only the executor or administrator of a deceased person’s estate can bring forward a wrongful death claim. This means the Commonwealth has legally recognized that you are a qualified agent of the person whom you wish to represent.
Typically, this starts with being named in the decedent’s will. However, if they didn’t leave a will, you will need to go through a separate court process to be given this title and the responsibilities that come with it. New Hampshire, on the other hand, allows anyone who may have a financial or legal interest in the deceased person’s estate to file a claim.
What Do Estate Administrators and Executors Do?
Once someone is appointed as an estate administrator for someone else, they have a legal duty to manage that person’s assets lawfully. This includes things like taking life insurance proceeds to pay outstanding debts, filing tax returns, and distributing the decedent’s assets according to their will or wishes.
Executors must maintain accurate records of each transaction completed on behalf of the estate in an organized and transparent manner. Other interested parties in the decedent’s estate may review these records at any point and could take legal action against the administrator if they feel that the decedent’s best interests weren’t protected.
When Probate Courts Get Involved
In Massachusetts, probate court is involved in most deaths where the decedent held property or assets that need to be transferred after their passing. You will likely need to probate your loved one’s death if:
- They held real estate or personal property when they died
- They owe mortgage payments, medical bills, credit card debts, and other expenses that need to be settled
- They owe taxes that you need to file and pay
- You need to obtain copies of their medical records to prove negligence
- Beneficiaries disagree about the validity of the decedent’s will or how assets will be distributed
How to Protect Your Right to Sue
After losing a loved one to wrongful death, it’s imperative to protect your right to pursue justice on their behalf. Not only will you need to resolve their estate and distribute assets, you’ll need to have the legal standing to hold the person or company publicly accountable for their role in your family member’s passing.
You can do this by:
Acting Right Away
Make sure you are appointed the administrator of your loved one’s estate and file a lawsuit before the statute of limitations passes. In Massachusetts, this is three years from the date of the death. In New Hampshire, families get six years to bring forward their claim. Missing this deadline in either state means that you forfeit your right to sue.
Read More
How the Statute of Limitations May Affect Your Wrongful Death Claim
Not Rushing Into a Settlement
While it may be tempting to accept $30,000 or $40,000 in cash right away, this comes at the cost of settling your entire case. Even if your future expenses are higher than what you were awarded, you won’t be able to get any more money once you settle.
Avoiding Public Statements About the Case
Making public statements about your loved one’s death — even just on your own personal social media — can throw a major wrench in your case. You can count on the other side to pick apart and twist anything you say against you, which can make you look less credible in court.
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Can Social Media Hurt Your Wrongful Death Claim
Don’t Post On Social Media After An Accident (Here’s Why)
Get the Zealous Legal Representation You Need After a Loved One’s Wrongful Death
If you are the family member or loved one of a wrongful death victim, it’s important that you act quickly to secure your right to file a claim. At Mazow | McCullough, PC, we have the skills and experience to guide you through the process of getting justice for your loved one so you can rest assured that the same thing won’t happen again to someone else.
Get in touch with us at (978) 744-8000 or (855) 693-9084 or fill out our short online contact form and we’ll call you back as soon as possible.
