Losing a child is one of the most devastating experiences any parent can face. Along with grief, families are often left with difficult legal questions, especially when the death was caused by someone else's negligence or wrongful conduct.
One of the most common questions we hear is:
“Can parents file a wrongful death claim for an adult child in Massachusetts?”
The answer is not directly. Massachusetts law does not allow parents, spouses, or children to file a wrongful death lawsuit in their own names. Instead, the claim must be filed by the legally appointed personal representative of the deceased person's estate.
Understanding how this process works can help families protect their legal rights while ensuring the claim is handled properly.
Can Parents File a Wrongful Death Lawsuit for an Adult Child?
In Massachusetts, parents cannot personally file a wrongful death lawsuit for an adult child.
Under Massachusetts General Laws Chapter 229, Section 2, only the executor or administrator of the deceased person's estate has the legal authority to bring a wrongful death claim.
That individual files the lawsuit on behalf of the estate and any eligible beneficiaries.
If an adult child died without a will, a parent may petition the Probate and Family Court to be appointed as the estate's administrator. Once appointed, the parent may have the legal authority to file the wrongful death lawsuit on behalf of the estate.
This distinction is important. A parent may ultimately serve as the person bringing the lawsuit, but only after being formally appointed by the probate court.
Who Can File a Wrongful Death Lawsuit in Massachusetts?
Many families assume that a spouse, parent, or child automatically has the legal right to file a wrongful death lawsuit. Massachusetts law works differently.
The lawsuit must be filed by the deceased person's personal representative, who is either:
The executor named in the person's will, or
The administrator appointed by the Probate Court if there is no will.
The personal representative is responsible for:
Filing the wrongful death lawsuit
Investigating the claim
Negotiating settlement offers
Making litigation decisions
Distributing any recovery according to Massachusetts law
No individual family member may file the lawsuit independently, regardless of how close they were to the deceased.
Can Parents Recover Compensation?
Although parents generally cannot file the lawsuit themselves, they may still receive compensation in certain situations.
Whether parents are entitled to recover depends largely on the deceased person's surviving family members.
Generally speaking:
If the adult child left a surviving spouse, the spouse typically has priority as a beneficiary.
If the adult child left children, they generally take priority.
If the adult child died unmarried and without children, parents may be eligible to recover damages as beneficiaries.
Every family situation is different, and determining who may receive compensation depends on the specific facts and Massachusetts wrongful death law.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim brought when someone's death results from another person's or company's negligence, recklessness, intentional misconduct, or other legally wrongful conduct.
If the deceased person would have had the right to file a personal injury lawsuit had they survived, the estate may have the right to pursue a wrongful death claim after their death.
Common situations involving wrongful death claims include:
Medical malpractice
Dangerous property conditions
Defective products
Workplace accidents
Nursing home negligence
Unlike criminal prosecutions, wrongful death lawsuits focus on obtaining financial compensation rather than criminal punishment.
Who May Receive Compensation From a Massachusetts Wrongful Death Claim?
The person filing the lawsuit is not necessarily the person who receives the compensation.
The personal representative brings the claim on behalf of the estate, while Massachusetts law determines who ultimately receives any recovery.
Depending on the circumstances, eligible beneficiaries may include:
A surviving spouse
Children
Parents
Other next of kin in limited circumstances
The distribution of damages depends on the deceased person's family structure and the applicable provisions of Massachusetts law.
What Damages Can Be Recovered?
Wrongful death compensation may include damages for both economic and non-economic losses suffered because of the death.
Depending on the circumstances, damages may include:
Loss of expected income and financial support
Loss of companionship, care, guidance, and protection
Funeral and burial expenses
Medical expenses related to the final injury or illness
Conscious pain and suffering before death (through a related survival claim)
Punitive damages in cases involving malicious, willful, wanton, or reckless conduct, when permitted under Massachusetts law
Every case is unique, and the damages available depend on the facts surrounding the death.
What Happens If There Is No Will?
Many adults die without having created a will. When this happens, they are considered to have died intestate. The Probate and Family Court appoints an administrator to manage the estate. A parent may petition the court to be appointed as administrator if there is no surviving spouse or another individual with higher priority under Massachusetts probate law. Once appointed, the administrator may pursue the wrongful death lawsuit on behalf of the estate.
How Long Do You Have to File a Wrongful Death Lawsuit?
Massachusetts generally allows three years to file a wrongful death lawsuit.
In most cases, the deadline begins on the date of death. However, under certain circumstances, the statute of limitations may begin when the personal representative knew or reasonably should have known that wrongful conduct caused the death.
Missing this deadline may permanently bar the claim, making it important to understand your legal rights as soon as possible.
Is a Wrongful Death Lawsuit Different From a Criminal Case?
Yes.
A wrongful death lawsuit is a civil case, while a criminal prosecution is brought by the government. The purposes of the two proceedings are different. A criminal case seeks to determine whether someone committed a crime and should face criminal penalties. A wrongful death lawsuit seeks financial compensation for the estate and eligible beneficiaries. Importantly, a wrongful death claim may still proceed even if:
No criminal charges are filed
Criminal charges are dismissed
The defendant is found not guilty in criminal court
The legal standards and burdens of proof are different in civil and criminal cases.
What Should Families Do After a Wrongful Death?
The days and weeks following the unexpected loss of a loved one are overwhelming. While every situation is different, taking a few practical steps early can help protect the estate and preserve important evidence.
Families should consider:
Obtaining certified copies of the death certificate
Preserving photographs, videos, and other evidence
Identifying whether the deceased had a will
Determining who should serve as executor or administrator
Keeping records of funeral, burial, and medical expenses
Avoiding recorded statements to insurance companies before seeking legal guidance
Speaking with an experienced Massachusetts wrongful death attorney as soon as practical
Frequently Asked Questions
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Parents generally cannot file the lawsuit in their own names. The claim must be brought by the executor or administrator of the deceased person's estate. If there is no will, a parent may petition the Probate Court to become the estate's administrator.
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Possibly. Parents are generally eligible to recover damages when the deceased adult child was unmarried and had no children. If the deceased left a spouse or children, those beneficiaries typically have priority under Massachusetts law.
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If there is no will, the Probate Court appoints an administrator for the estate. A parent may ask the court to be appointed and, if approved, may file the wrongful death claim on behalf of the estate.
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Massachusetts generally provides a three-year statute of limitations for wrongful death lawsuits, although certain exceptions may apply depending on the facts of the case.
Speak With a Massachusetts Wrongful Death Attorney
If you lost an adult child because of someone else's negligence or wrongful conduct, understanding who has the legal authority to file a wrongful death claim is an important first step.
At Faneuf Law Group, we help families throughout Massachusetts navigate the probate process, investigate wrongful death claims, and pursue the compensation the law provides. We understand that no amount of money can replace a loved one, but holding the responsible party accountable can provide financial security and a measure of justice during an incredibly difficult time.
If you have questions about filing a wrongful death claim in Massachusetts, contact Faneuf Law Group today or give us a call at (617) 939-9894 to discuss your legal options.