The persons who can recover (beneficiaries) under the wrongful death statute are clearly specified under the law. They and only they can recover damages and no other relatives (or persons not related to the decedent) may share directly in the recovery of a wrongful death action.
The beneficiaries specifically designated in the wrongful death statute are the spouse and children of a married decedent. In the case of an unmarried decedent, the next of kin (mother and father, brothers and sisters) are the entitled beneficiaries.
In Massachusetts, the right to recovery for an act that negligently caused the death of a person is governed by Massachusetts General Laws chapter 229. Chapter 229, also known as the 'Massachusetts Wrongful Death Act', details the following:
Who can be a Plaintiff
Who is/are the Defendant(s)
Time period to file suit (Statute of Limitations)
Who are the possible Beneficiaries
Items not recoverable
If you suspect that you or your loved one was the victim of medical malpractice, contact us to discuss your particular situation. Protecting your legal rights will benefit you and your family. Although a lawsuit will never bring back a lost loved one, at Gorovitz & Borten the medical malpractice attorneys believe it is our duty (ours and yours) to hold medical providers accountable and to protect future potential victims by improving the quality of medical care by pursuing cases against medical providers responsible for a wrongful death.
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