If you want representation after a loved one’s wrongful death, Massachusetts wrongful death attorneys can help you hold a negligent party accountable for your loved one’s losses. You can count on the Massachusetts personal injury lawyers with DiBella Law Offices to respect your right to grief without compromising your right to the most accident compensation possible.
Our team knows how to navigate Massachusetts’ civil system without letting your loved one’s wrongful death lawsuit statute of limitations expire. Let’s break down that statute of limitations, its importance to your case, and the different ways we make sure you have the time you need to file your claim.
What is Massachusetts’ Wrongful Death Statute of Limitations?
Boston personal injury lawyers know you must file a wrongful death claim before your statute of limitations expires.
Massachusetts goes into detail about its wrongful death statute of limitations in Massachusetts General Laws Chapter 260 Section 2A. This statute outlines the statute of limitations for any cases falling under the umbrella of “personal injury,” including wrongful death claims resulting from:
- Car accidents
- Truck accidents
- Defective products
- Medical malpractice
- Pedestrian accidents
- Motorcycle accidents
The time limit on your case gives you no more than three years to file a claim on behalf of the deceased. The clock starts ticking on your case on the same day that a person dies or the day you learn about a person’s death, depending on your relationship with the deceased.
Give us a call today to discover how we can assist you.
Why does Massachusetts’ Wrongful Death Statute of Limitations Matter?
Massachusetts instituted its wrongful death statute of limitations because the statute keeps the cases that go to civil court as up-to-date as possible. State legislatures believe that cases brought forward more than three years after the inciting incident may no longer accurately reflect the nature of those accidents.
In other words, the statute of limitations works to preserve witnesses’ memories and the validity of the evidence you plan to use to argue for your right to compensation.
When to File a Wrongful Death Claim in Massachusetts
If you have three years to file your loved one’s wrongful death case, when should you start investigating their death? Should you wait until your statute of limitations is ready to expire, or should you initiate your lawsuit as soon as you can after a loved one’s passing?
The faster you can get a complete, comprehensive, and accurate wrongful death lawsuit submitted to a Massachusetts civil judge, the better. The evidence relevant to your case tends to more accurately reflect the circumstances that led to a loved one’s death when you submit it within a few months of a loved one’s passing.
However, Massachusetts civil courts allow you to take the full three years you have to investigate your loved one’s losses. You can contact a Massachusetts wrongful death attorney at any point in that process to request representation.
When Can’t You File a Wrongful Death Claim in Massachusetts?
There are rare instances wherein the state of Massachusetts may not allow you to file a wrongful death claim. If you want to represent a loved one who died while at work, your loved one’s employer may benefit from a limited form of qualified immunity. That immunity may prevent you from suing the company.
Likewise, your right to legal action may be limited if:
- The deceased died in an accident on or near railroad tracks.
- The deceased died while on or near railroad tracks when they got into an accident with a streetcar.
You can meet with an experienced personal representative in Massachusetts to discuss what legal action to take or what exceptions you can take advantage of if you find yourself in these situations.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
How to File a Claim Before Your Wrongful Death Statute of Limitations Expires
If you want to file a wrongful death claim against a negligent party, you must first prove that you are the deceased’s executor or the administrator of their estate. Massachusetts only allows these parties to take action against the party responsible for a loved one’s death.
Should you fill one of these roles, you can meet with a Massachusetts wrongful death lawyer and request that investigators begin to look into your loved one’s passing. Our team can return to the accident scene and bring forward evidence of misconduct while you help your family grieve.
You can also count on our team to continually advocate for your right to comprehensive wrongful death compensation. We can always fight for your right to maximum compensation following a loved one’s tragic death. We do not settle early, and we do not undervalue the deceased person’s losses.
When to Call a Massachusetts Wrongful Death Lawyer
Massachusetts’ three-year filing deadline is strict. You must bring your claim forward within those three years if you want to fight for wrongful death compensation. If you miss your filing deadline, there aren’t many exceptions that can restore your right to take legal action.
With that in mind, when should you get in touch with a wrongful death lawyer? The sooner you can book a free case evaluation, the better. Our team can take advantage of a substantial investigative timeline to ensure your case against a negligent party is as comprehensive as possible.
Get in touch with us today to get a free consultation.
DiBella Law Offices Fights for You
The Massachusetts wrongful death lawyers with DiBella Law Offices want to give you the tools you need to recover from a devastating loss. Don’t let the tragedy of a loved one’s passing prevent you from holding the responsible parties accountable for their negligence. You can meet with our team for a free case evaluation to discuss your right to wrongful death compensation.
Contact us through our website or by calling our office to book a personal injury claim first meeting with our experienced lawyers.
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