Who Can File a Wrongful Death Case?

In Massachusetts, the right to file a wrongful death lawsuit is typically granted to a personal representative of the deceased person’s estate. This individual is appointed by the probate court and may be someone named in the deceased’s will, or someone chosen by the court if there is no will. The personal representative is responsible for managing the estate’s affairs, including initiating a wrongful death lawsuit on behalf of the decedent’s survivors.

While the personal representative files the case, the beneficiaries of the wrongful death—such as the deceased’s spouse, children, parents, or siblings—are the ones who stand to benefit from any compensation awarded. Massachusetts law allows these family members to recover damages for their emotional and financial losses, including:

1. Loss of companionship and emotional support: Family members can be compensated for the emotional trauma caused by the death.
2. Loss of income and financial support: If the decedent was a primary earner, their family members can recover for the loss of future income.
3. Medical and funeral expenses: Costs related to the deceased’s medical care before death and funeral expenses can be recovered.

It’s important to note that in Massachusetts, a wrongful death claim must be filed within three years from the date of the person’s death. If the case involves a government entity, the time frame may be shorter.

In summary, while the personal representative files the wrongful death case, the compensation is distributed among the surviving family members who have been impacted by the loss.