Massachusetts state law is what controls the aspects of a wrongful death lawsuit that deals with who has the right to file the lawsuit in court. Typically, only immediate family members of the victim have standing to sue the person or entity that caused the death. But the definition of immediate family is something a court may have to decide in today’s more flexible familial standards.
For the most part, it is simple to determine the immediate family that will seek such a claim. These would be a spouse, including domestic partners, and children of the deceased.
A partner who is not married or registered domestic partner, may have to file a special request to the court to get permission to file a wrongful death lawsuit. The same special permission may be required for step children or parents. If you fall within one of these classifications, the other side will challenge your right to collect in a wrongful death lawsuit. This is why it is important to hire experienced Massachusetts personal injury attorneys for your case.