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.
Parents of a deceased can file a claim without any challenge as long as it is established that the deceased has no spouse or descendants. This is the same for siblings of the deceased. This is because they are known as next of kin who have legal rights under Massachusetts law.
In Massachusetts any wrongful death lawsuit must be filed within three years of the death of the family member. This may seem like a lot of time, but the longer you wait to file a claim the more likely it is for evidence or witnesses to be compromised.
Waiting until the deadline is almost up, can result is missing the deadline all together. This means you will be prohibited from filing any sort of lawsuit against the party responsible for the death.
If your loved one has been killed in an accident caused by a negligent third-party, call the Law Offices of Jeffrey S. Glassman at (617) 367-2900 for a consultation of your Massachusetts wrongful death case.
Note for readers: Information provided in this post is gathered from secondary sources and not independently confirmed for accuracy. Please bring to our attention any inaccuracies that may be included so they may be corrected, or information removed as requested.
DISCLAIMER: Information provided in this post is not intended to be used as legal or medical advice, nor disrespect the victims or families in any way. We are providing this post for general information on everyday tragedies and presented in a manner to protect and honor the victims and their families. Minor differences can change the outcome of cases, based on jurisdictional laws. The information provided in this post should not be relied upon as legal or medical advice. We suggest seeking assistance from legal or medical professionals for your personal circumstance, when necessary.