Legal Question in Personal Injury in Massachusetts

Re: Wrongful Death suit

Certain people, relatives, are appointed by the court to act for an estate. Legal strangers have no rights. You can file a probate for the estate if you have a claim against the estate. Usually it is just family members though.

You should also be aware that most Massachusetts hospitals have limits on their liability of $20,000. People sue the individual health care providers instead. Those cases are expensive to prepare and difficult to win. There is a long difficult road for anyone who recovers for medical malpractice.

Good luck to you. Statutes of limtations put time limits on any potential claim. I won't give an opinion about when the deadline is in the case you describe. Waste no time.

Charles W. Cobb

Re: Wrongful Death suit

It would be easier to answer if you advised who wants to sue and their relationship to the person who died.

Re: Wrongful Death suit

If there is no will, you can file for administration, that is, to

be the administrator/administratrix.

Creditors can be administrators.

People who have claims against the estate can be administrators.

Check the court records to see if someone else has filed. Check to see when you must file your claim against the estate. Hurry, hurry, hurry. You don't usually have much time -- a 90-day window.

If there is already an administrator and you

have not received ACTUAL NOTICE of the window in which to

file a claim, you might still re-open it (if it's shut) IF IF IF the administrator should have or could have known of your claim against the estate.

Also note, sometimes Mass. people file in Florida for tax purposes, so you want to check further.

Call me if you still have questions.