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Many people are unaware that in a wrongful death action in Massachusetts, which is brought under Massachusetts General Laws, c. 229 s. 2, the proceeds are meant to be distributed to the statutory beneficiaries and pass outside of the estate. It must be noted that M.G.L. c. 229, sec. 2 references the classes of statutory beneficiaries set out in sec. 1 solely in order to determine the identities of the “presumptive takers”– or those beneficiaries who “may” recover– but it does not speak to the percentage each is to receive.
Instead, s. 2 establishes that the jury will determine whether each individual “presumptive taker” suffered a loss for which they may be compensated. (If the case is not tried, then as with anything this is a matter of negotiation.) The statutory beneficiaries sometimes do not have the same quality of relationship to the decedent. With that in mind, those statutory beneficiaries may not necessarily take in equal shares. In Massachusetts, we look to Guy v. Johnson, 15 Mass. App. Ct. 757 (1983) and Burt v. Meyer, 400 Mass. 185 (1987), as they have established that the beneficiary’s contact with the decedent governs the respective amounts of entitlement.
Feinberg & Alban, P.C. fervently protects your rights
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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