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Wrongful death law covers civil claims brought when a person dies because of another party s negligence, recklessness, or intentional act. In Braintree, Massachusetts, wrongful death claims are part of the Massachusetts civil system. Two related types of claims commonly appear after a fatality - a survival action and a wrongful death action. A survival action seeks to recover losses the decedent suffered before death, such as medical expenses and pain and suffering. A wrongful death action seeks to recover losses suffered by surviving family members, such as loss of financial support, loss of services, and funeral expenses. These claims are typically brought by the decedent s personal representative or executor on behalf of the estate and the decedent s heirs.
Wrongful death matters are emotionally difficult and legally complex. A lawyer can help in multiple ways:
- Case evaluation. A lawyer will assess whether the facts support a wrongful death or survival claim, identify potentially liable parties, and estimate the value of the claim.
- Evidence preservation. Attorneys act quickly to preserve evidence - medical records, accident reports, witness statements, surveillance footage, and scene measurements - that may be lost if not secured.
- Dealing with insurers. Insurance companies often contact survivors soon after a death. Lawyers protect your interests during communications and settlement negotiations, and they can prevent premature releases that limit recovery.
- Filing and procedural steps. Lawyers ensure claims are filed in the proper court, on time, and with the correct parties named. They also handle necessary probate or estate steps so the case proceeds properly.
- Expert development. Many wrongful death cases require expert witnesses - medical, accident reconstruction, workplace safety, or economic life-care planners. An attorney will identify, retain, and present the right experts.
- Litigation and settlement strategy. If settlement talks fail, an attorney will litigate the claim, manage discovery, and present the case at trial. An experienced lawyer also helps evaluate settlement offers in light of likely trial outcomes and risks.
Key local legal aspects to understand when pursuing a wrongful death claim in Braintree include:
- Governing law. Massachusetts statutory and common law govern wrongful death and survival claims in Braintree. Claims are brought in the Massachusetts court system under the relevant statutes and case law.
- Who may sue. The decedent s personal representative or executor typically brings the survival and wrongful death claims on behalf of the estate and the decedent s family. The estate s representative will distribute recoveries according to law and the estate s obligations.
- Types of recoverable damages. Recoverable losses often include funeral and burial expenses, medical expenses related to the fatal injury, lost financial support to family members, loss of household services, and in some cases the decedent s pain and suffering prior to death. Certain non-economic losses, like loss of companionship, may also be recoverable depending on the circumstances.
- Statute of limitations. Massachusetts commonly imposes strict filing deadlines. For many wrongful death and survival claims the statute of limitations is short - often three years from the date of death or from when the injury was discovered. Some claims, such as certain medical malpractice claims or claims against governmental entities, can have different deadlines or notice requirements. Missing a deadline can bar recovery.
- Comparative fault. Massachusetts applies comparative negligence principles. If the decedent was partly at fault for the incident, recovery may be reduced in proportion to the decedent s share of fault. In some cases, a high percentage of fault by the decedent can bar recovery entirely under local rules.
- Special procedures for certain claims. Claims involving medical malpractice, municipal employees or public entities, or workplace deaths may require special pre-suit notices, administrative filings, or have unique procedural hurdles.
A survival action preserves the legal claims the deceased could have pursued had they lived, such as pain and suffering and medical bills incurred before death. The wrongful death action seeks compensation for the survivors losses, such as lost financial support, loss of services, and funeral expenses. Both are often filed by the estate s personal representative, but they focus on different types of harm.
The decedent s personal representative or executor typically brings the claim on behalf of the estate and for the benefit of the decedent s heirs. The estate representative is responsible for initiating the case, pursuing damages, and distributing recoveries according to law and the estate s obligations.
Deadlines vary by claim type, but many wrongful death and survival actions in Massachusetts must be filed within a short statutory period - often three years from the date of death or discovery. Some claims have different deadlines or notice requirements. Because the time limit can be strict and exceptions are limited, contact an attorney promptly.
Survivors may recover funeral and burial costs, medical expenses related to the fatal injury, loss of financial support and services, and in some cases compensation for loss of companionship or emotional losses. A survival action may allow recovery for the decedent s pain and suffering and other losses incurred before death. Damages depend on the facts of the case and applicable law.
Yes. Criminal prosecution and civil wrongful death claims are separate. Even if a criminal case is pending or a defendant is convicted, the victim s family can still pursue a civil claim for wrongful death to obtain damages. Conversely, a civil claim can sometimes proceed even if no criminal charges are filed.
If the decedent is found partially responsible for the incident, Massachusetts comparative negligence rules can reduce the recoverable damages in proportion to the decedent s share of fault. In some circumstances, a high degree of decedent fault can prevent recovery. An attorney can explain how comparative fault is likely to affect a specific case.
Insurance companies for negligent parties often handle wrongful death claims. Insurers may offer early settlements that are lower than fair value. An experienced lawyer negotiates with insurers, evaluates settlement offers, and helps protect survivors from accepting inadequate compensation or signing releases that end claims prematurely.
Massachusetts law does not impose a universal cap on wrongful death damages across all cases. However, certain types of claims, such as some medical malpractice actions, can be subject to specific statutory rules or limits and procedural requirements. The availability and amount of damages depend on the claim type and case law.
Timing depends on case complexity, the number of parties, the need for expert testimony, settlement negotiations, and whether the case goes to trial. Some cases settle within months, while others take a year or more. If litigation is required, trials and appeals extend the timeline. Your attorney can provide an estimated schedule based on the facts.
Take practical steps to protect legal rights: obtain and preserve police and medical reports, get the death certificate, gather contact information for witnesses, preserve physical evidence if possible, avoid giving recorded statements to insurers without counsel, and contact a wrongful death attorney promptly to preserve claims and meet deadlines. If someone needs to be appointed personal representative, an attorney can advise on the probate process.
For guidance and assistance in Braintree, consider these local and state resources:
- Massachusetts Trial Court system - for information on filing civil cases and local court locations and rules.
- Norfolk County courts and probate courts - for local filing venues, probate matters, and estate administration.
- Massachusetts Bar Association and Norfolk County Bar Association - for attorney referrals and legal information.
- Massachusetts Office of the Attorney General - consumer and civil rights resources that can provide information on public protections.
- Massachusetts Department of Public Health - for questions about medical incidents and facility reporting.
- Massachusetts Executive Office of Labor and Workforce Development and OSHA - for workplace fatalities and safety investigations.
- Local police department and coroner or medical examiner - for reports, investigations, and official records related to the death.
If you believe a loved one s death in Braintree resulted from another party s wrongful conduct, consider taking these practical next steps:
- Seek emotional and practical support. Handle immediate family needs and funeral arrangements while asking trusted friends or professionals to help preserve documents and evidence.
- Gather documentation. Collect medical records, the death certificate, police and accident reports, employer reports for workplace incidents, photographs, and witness contacts.
- Contact a wrongful death attorney promptly. Look for attorneys with experience in Massachusetts wrongful death and survival claims. Ask about case experience, whether they handle cases on a contingency-fee basis, and whether they offer a free initial consultation.
- Avoid premature settlements. Do not sign releases or accept settlement offers from insurers before consulting an attorney.
- Be prepared for probate and estate matters. If you are or may become the personal representative, get legal help to open the estate and to pursue claims properly on behalf of the estate and heirs.
- Keep timelines in mind. Statutory deadlines can be short. Acting quickly preserves legal options and evidence.
Important note - This guide provides general information about wrongful death claims in Braintree, Massachusetts. It is not legal advice. For advice tailored to your situation, consult a licensed Massachusetts attorney promptly.
