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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Editor's Response
Probably not. Massachusetts law only allows certain persons to sue for wrongful death. Generally, the victim's immediate family is allowed to sue, such as the surviving spouse, children, and parents. If the children are minors, the court will usually require that they be assisted by a guardian in their effort to recover damages.
Conceivably, there may be a situation where a court might allow one cousin to sue over the wrongful death of another cousin, such as if the deceased cousin was the guardian or caretaker of the cousin seeking damages. However, for that type of determination, you would need to check with an experience personal injury attorney.