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Massachusetts Wrongful Death Statute of Limitation

Attentive Wrongful Death Attorneys Make Sure You File Within The Statute of Limitations in Massachusetts

After losing a loved one in a tragic accident, it takes time to feel up to simple tasks. We understand the emotional toll but the courts and the laws adhere to rigorous deadlines. These must govern any consideration of what should be done and when it should be done. That’s why the attorneys at Feinberg & Alban, P.C. handle all the details in a timely manner, including taking care of the probate work. That work is an essential start to any wrongful death action. The estate needs a representative, who is known as administrator, administratrix, executor or executrix. After that appointment, or concurrent with it, more formal steps can be taken, such as filing a lawsuit. If you have lost a spouse, a parent or are next of kin to someone who died because of someone else’s negligence, it is our job to guide you in handling the phases of the action. Since 1938, the firm has been helping people from Greater Boston seek payment after losing a loved one.

Timely action is important

Massachusetts law states that heirs have three years from the time the victim died — or from the time when the executor was aware of the cause of death — to sue for wrongful death compensation. Additionally, certain kinds of accidents and certain facilities require that notice be given to the proper authority well before the three year statute of limitations. For example, the Massachusetts Torts Claims Act, M.G.L. c. 258, requires “presentment” within two years. See s. 4. Without presentment, your rights will be expunged. Even some hospitals come within this statute and therefore need to be notified in a timely and proper manner.

Important information about wrongful death suits

It is an attorney’s job to know the intricacies of filing suit for compensation, and our attorneys keep clients informed throughout the process. As a client, you should keep the following in mind:

  • Wrongful death suits are injury claims based on proving negligence or recklessness.
  • The attorneys at Feinberg & Alban investigate the incident and demonstrate how negligence or error led to your loved one’s death. We consult various experts, including:
    • Pathologists and other medical specialists
    • Accident reconstruction experts
    • Engineers
    • Occupational Safety and Health Administration (OSHA) consultants
    • Massachusetts has a variety of administrative agencies whose investigation is mandated by law and whose findings will prove very helpful as a starting point. Some of the data compilation will be useful at trial, even though the conclusions are not.
  • Wrongful death claims may be made for workplace accidents, car accidents, accidents at a place of business, accidents at public venues as well as those on private property.
  • Often claims get settled without a court case.
  • Claims for wrongful death cases must be filed within three years of the death or the time when you learned of a pathology report or other investigation that confirmed the cause of death.

Many kinds of incidents

Nationally, the numbers of people killed in car accidents is rising. In late 2013 the United States Department of Transportation reported that deaths caused by drunk or impaired drivers had risen by 4.6 percent nationally to 10,322 deaths.

  • Industrial accidents
  • Accidents involving children
  • Drowning
  • Nursing home neglect
  • Elder abuse and neglect
  • Medical errors
  • Failures to diagnose
  • Birth defects and medical errors during birth
  • Hospital errors
  • Animal attack

If you have lost a loved one recently, our attorneys can speak with you about your options for compensation. We have helped many clients win compensation with professionalism and compassion.

Wrongful death claims have a statute of limitations, so do not hesitate, call an experienced legal team today

At Feinberg & Alban, P.C. our attorneys know that timing is important. We handle all the details of a suit on your behalf. For a free consultation call 617-232-5950 or contact us to schedule an appointment. We understand that this is a difficult time. It is our job to lift the legal burdens involved in getting compensation.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • "Robert was so accommodating to the special circumstances of our case and our family.He came to our home for meetings,for our convenience. He kept us informed and prepared for all stages of the process. He was always reachable and responsive. Robert worked tireless for us and towards the best possible outcome. Our case was recently settled for what Robert anticipated. I cannot imagine a more positive experience. I would choose Robert all over again."

  • "Colleen Santora was very attentive to my needs throughout the duration of my cases. Additionally, she was very effective in communicating with me regarding any issues that came up or any questions that I had. I felt that Colleen was truly on my side, and this greatly decreased the level of stress that I felt during the duration of my cases. I am very happy with the results that Colleen was able to achieve for me, and I highly recommend her for those seeking legal counsel in the Boston area."

  • "Robert Feinberg and Colleen Santora represented me in a case that lasted almost four years. They showed consistently superior professionalism, skill, and knowledge throughout the process, and worked tirelessly with persistence and patience to achieve an excellent settlement. Moreover, they placed a high degree of importance on ethical behavior and honest communication. I recommend them and the firm unequivocally."

  • "My Family contacted Feinberg & Alban after my mother was seriously injured in a motorcycle accident. She suffered a life threating brain hemorrhage, a broken neck, and will be affected by traumatic brain injury symptoms for the rest of her life. Thanks to the efforts of Robert and his team my mother was accepted as a patient by the best neurological doctors and health care professionals in the state of Massachusetts. Ultimately Robert was able to negotiate a very favorable settlement for my mother. I would highly recommend Feinberg & Alban to anyone with a personal injury case."

  • "So glad that Feinberg & Alban were recommended to me after I was injured in a car accident. I'd never been in an accident before, didn't know what to do, didn't know how to deal with the insurance companies, didn't know what to expect with the process. Fortunately, Marsha Alban is experienced, knowledgeable and excellent at her job. She put me at ease right away, and explained the options I had. Throughout the process, Marsha and her team handled everything, keeping me apprised along the way. I'm pleased with the outcome and happy that I had Feinberg and Alban on my side."

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