A wrongful death lawsuit is a civil lawsuit that allows you to recover compensation after a family member or loved one passes away due to someone else’s negligence.
One common question people have when considering a wrongful death lawsuit is who can file the lawsuit. According to Massachusetts law, only the personal representative or executor of the deceased’s estate can file the wrongful death lawsuit.
If no representative was named in the decedent’s will, one is appointed by the probate court. However, although only the executor or personal representative has standing to file the wrongful death lawsuit, proceeds from the lawsuit are distributed among family members.
Distribution of wrongful death proceeds
In cases where the victim passed away without a will, any wrongful death proceeds will be distributed according to Massachusetts succession laws, which govern the order that beneficiaries inherit proceeds when someone passes away without a will.
Under Massachusetts succession laws, the surviving spouse inherits first, followed by the deceased’s children, parents and siblings. When there are none of these relatives available, the proceeds are distributed to the next of kin.
If you are unsure if you have grounds to file a wrongful death lawsuit, consider if there would have been grounds to file a personal injury lawsuit if the deceased had survived. A wrongful death lawsuit is generally thought of as a personal injury lawsuit on behalf of someone who passed away.
Fighting for accountability and justice
When you have lost a loved one because of another’s negligence, you may feel overwhelmed, shocked and unsure of where to turn. Losing a loved one is never easy and the person responsible for their death should be held legally accountable.
There are professionals who can help you through the wrongful death process, making sure the legal requirements are met so you can focus on grieving and healing. Act quickly, since the statute of limitations to file a wrongful death lawsuit in Massachusetts is three years from the death of the victim.
