You must bring a wrongful death lawsuit in Massachusetts no later than three years from the date of the decedent’s death or the date that the administrator of the decedent’s estate knew or should have known that a wrongful death occurred. This law is called the statute of limitations, and it changes from state to state. In Massachusetts, if you do not bring a wrongful death cause of action within the three-year window, it will most likely be rejected by the courts.
There is also a rule on who may file a wrongful death case in Massachusetts. The law limits this right only to the executor or administrator of the decedent’s estate. This person may be appointed by the deceased person’s will or by the courts. The executor can file on behalf of survivors who were financially dependent on the decedent, such as a surviving spouse or child.
If a wrongful death claim succeeds in holding one or more defendants responsible for a fatal injury or illness that occurs in Boston, survivors can receive a settlement or jury verdict to cover their related losses. These may include appropriate funeral and burial expenses, medical costs connected to the decedent’s final injury, lost income and inheritance, lost services and protection, and lost love and companionship.