The Role of the Personal Representative in MA Wrongful Death Lawsuits

After a fatal accident in Massachusetts, grieving family members may assume that a surviving spouse, child, or parent can pursue a wrongful death lawsuit against the negligent party. But the process in this state works a little bit differently—a wrongful death claim must be filed by the personal representative of the deceased individual’s estate. However, that doesn’t necessarily mean that the personal representative would receive compensation from the lawsuit—only if they are someone who would also legally be considered a beneficiary. If you’ve lost a loved one and you’re confused about your legal options moving forward, the team at Santoro & Gray is here to help. Call us today.

What is a personal representative?

A personal representative is someone who is legally permitted to act on behalf of a deceased individual’s estate. You may also hear them referred to as executors or administrators. However, the state of Massachusetts uses the term “personal representative” in probate law.

In wrongful death claims, the personal representative is the individual responsible for filing and managing the lawsuit. They’ll be the ones to contact a wrongful death attorney, gather information and evidence for the claim, communicate with beneficiaries, be part of settlement discussions, and ensure that the process is handled correctly.

Generally, personal representatives are appointed through the Massachusetts Probate and Family Court. If there are disputes regarding who should serve as personal representative, it’s particularly important to address these issues right away—a wrongful death lawsuit generally cannot be maintained until an authorized representative has been appointed. Additionally, most wrongful death claims have a three-year statute of limitations(opens in new tab), so delaying filing is not recommended.

Why don’t family members file the claim on their own?

Massachusetts wrongful death law separates the individual who brings the lawsuit forward from the people who may benefit from it. The personal representative files the claim; the beneficiaries are the ones who receive any potential payout. Note that someone can be both—for example, a surviving spouse may be both the personal representative and a potential beneficiary.

This structure can actually make it easier to pursue a wrongful death claim. Rather than several family members, all of whom are entitled to potential compensation from a case, seeking their own claims and complicating the legal process, the personal representative pursues one claim and manages it on behalf of the statutory beneficiaries.

How personal representatives act on behalf of beneficiaries

Although personal representatives control and manage the legal claim, they cannot treat the case or its proceeds as their own personal property. A Massachusetts wrongful death claim is pursued for the benefit of those who are legally entitled to recover damages.

Damages in these types of cases may include the loss of reasonably expected income, services, protection, care, society, companionship, guidance, counsel, and advice. A settlement or jury award may also account for funeral and burial expenses. In rare cases involving malicious or wanton conduct, punitive damages may be ordered.

Because these damages are tied directly to the beneficiaries’ losses, the personal representative should keep their needs in mind throughout the case. This can be fairly easy in cases without stepchildren or new spouses. But when you have blended families, minor children, adult children from past relationships, and estranged family members, this can quickly become complicated.

Who receives damages in a Massachusetts wrongful death lawsuit?

Massachusetts law specifically addresses how damages are to be paid out(opens in new tab). It largely depends on which surviving family members the decedent had. For example, if they were married but had no surviving children or issue of a deceased child, the spouse would receive everything. If they had a spouse and more than one child, the spouse would receive one-third, and the children would split the remaining two-thirds. If they had no children and no spouse, compensation would go to the next of kin.

Managing settlement disputes

Like personal injury cases, many wrongful death claims ultimately settle out of court rather than going to trial. Because of this, the personal representative can play an important role in deciding whether or not to accept a settlement offer. A personal representative acts as a fiduciary—they are legally obligated to act in the best interests of the estate. The decisions they make must be in the best interests of those entitled to recovery, not their own. Consider, for example, a personal representative who attempts to settle for less than a case is worth because they want to wrap up the claim faster. That would likely be a violation of their duty.

A representative’s fiduciary duty should be at the forefront of their mind throughout this process, especially when disputes arise. If they consider accepting a settlement offer, some family members may think it’s too low while others consider it fair. Some may be against the idea of any sort of settlement, as they may think that it lets the negligent party escape responsibility.

The representative has to let this process play out and cannot let their decisions be guided by one family member’s emotions or preferences. While these cases are deeply personal, personal representatives ultimately have to act in a way that would hold up in court if someone alleged that they did not fulfill their fiduciary duty.

Find out how Santoro & Gray can help and support you during this difficult time

If you’re a personal representative pursuing a wrongful death claim or a grieving family member, you may feel overwhelmed at the tasks and responsibilities ahead of you. We can help you navigate your next steps, coordinate with the probate process, and handle communication with the other party’s legal counsel. Call us or get in touch online to schedule a consultation now.