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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 PC 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 PC 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.

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    Working with this firm was a great experience, they were very attentive to my case and needs ; the results of my case was better that I expected. Thanks to much to all the lawyers involved Sincerely S. Ponce

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    I loved collaborating with my attorney. From day one it felt like teamwork: us against the world, david vs. goliath. There was an easy rapport, free flow of communication, yet she remained the consummate professional at all times. As a first-time pla...

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    Oyie Ndzie

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    Excellent Firm! I cannot give enough praise to Colleen Santora who handled our case . Responsive, professional a true attorney who cares. The entire firm put it all together however Colleen brought it all to the table . Five stars does not seem to sa...

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    Atty Santora & staff were very responsive and handled my personal injury case with concern and professional care. I will recommend this firm for legal services.

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    Regina Benton

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    I had a wonderful experience working with Robert Feinberg and Colleen Santoro. I never once had doubts about how my case would be handled. I knew I was in great hands with both of them. I was always informed and felt confident in their ability to re...

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