Concord, MA asked in Wrongful Death for Massachusetts

Q: How soon after the death can the survivors bring a wrongful death case?

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3 Lawyer Answers

Michael O. Smith

PREMIUM
Answered
  • Boston, MA
  • Licensed in Massachusetts

A: In most circumstances, you have 3 years to file a wrongful Death lawsuit in Massachusetts. You usually need to have a representative to the decedents estate appointed by the probate and family court to proceed with a wrongful death action. I suggest you contact an experienced attorney in these matters for help.

James A. Swartz

Answered
  • Boston, MA
  • Licensed in Massachusetts

A: The Estate of the decedent may bring a claim at any time after the death, until the statute of limitation expires.

Robert D. Kreisman

PREMIUM
Answered

A: It is my understanding the Massachusetts statute of limitations for a wrongful death claim must be brought within or before the expiration of 3 years from the date of death.

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