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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.
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5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
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Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
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My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
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I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
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Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
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