How long do you have to sue for wrongful death in Massachusetts

UPDATED: Sep 30, 2022

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How long do you have to sue for wrongful death in Massachusetts

My father passed almost a year ago and
we haven’t been able to get the autopsy
report yet but are working on it. How
long in Massachusetts do you have to
sue for wrongful death?

Thank you for your time

Asked on August 6, 2016 under Malpractice Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The "statute of limtations" (often abbreviated "SOL") is the time within which you must file a legal action; if you do not file until the SOL has run out or expired, you may no longer sue. Every state has it's own SOLs, and they vary by type of lawsuit. In your state, the SOL for a wrongful death claim is 3 years from the death, so you are still in time to file a case. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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