Best Wrongful Death Lawyers in Massachusetts

About Wrongful Death Law in Massachusetts, United States

In Massachusetts, wrongful death occurs when a person's death is caused by the negligent, reckless, or intentional actions of another party. Wrongful death claims are civil lawsuits that allow the surviving family members or the estate of the deceased to seek compensation for their loss. The main purpose of wrongful death law is to provide financial relief and a sense of justice to those left behind, while also holding the responsible party accountable for their actions. Cases commonly arise from car accidents, medical malpractice, workplace incidents, defective products, and other fatal accidents.

Why You May Need a Lawyer

Losing a loved one is a devastating experience, and navigating the legal process afterward can be overwhelming. Here are some situations where hiring a wrongful death lawyer in Massachusetts may be particularly important:

• The cause of death is disputed or unclear
• Multiple parties may be liable for the death
• You are unsure who is eligible to file a claim or how to initiate one
• The insurance company is offering a low settlement or denying the claim altogether
• Complex evidence, such as expert medical testimony, is needed
• You need to determine and document the full extent of damages, including lost income, benefits, and emotional suffering
• There are concerns about statutes of limitations or procedural requirements

A skilled wrongful death lawyer can help gather evidence, navigate court filings, negotiate with insurers, and represent your interests throughout the legal process.

Local Laws Overview

Wrongful death claims in Massachusetts are governed by Section 2 of Chapter 229 of the Massachusetts General Laws. Here are key aspects of these laws:

• Who can file: In Massachusetts, the claim must be brought by the executor or administrator of the deceased person's estate, on behalf of the surviving family members or beneficiaries.
• Bases for claim: Eligible claims must show that the death was caused by negligence, a reckless act, or a wrongful act, such as intentional harm.
• Damages: Damages may cover lost income, the value of companionship or protection, funeral and burial expenses, loss of services, as well as punitive damages if the death was caused by gross negligence or willful misconduct.
• Statute of limitations: These lawsuits must generally be filed within three years of the date of death or the discovery of the cause of death. Missing this deadline can result in losing the right to pursue compensation.
• Distribution: Compensation is distributed according to Massachusetts law, often prioritizing spouses, children, and other close relatives.

Every case is unique, and understanding your rights and obligations under Massachusetts's wrongful death laws is essential.

Frequently Asked Questions

What qualifies as wrongful death in Massachusetts?

A wrongful death occurs when someone dies as a direct result of another party's negligence, recklessness, or intentional actions. This can include vehicle accidents, medical errors, criminal acts, defective products, or unsafe premises.

Who can file a wrongful death claim in Massachusetts?

Only the executor or administrator of the deceased person's estate can legally file a wrongful death claim, though the compensation is distributed to the surviving family or beneficiaries.

What damages can be recovered in a wrongful death lawsuit?

Damages can include financial losses such as lost income and funeral expenses, as well as non-economic losses like loss of companionship, protection, and sometimes punitive damages.

How long do I have to file a wrongful death lawsuit in Massachusetts?

Generally, you must file within three years of the death or when the cause of death is discovered. There can be exceptions, but the statutory window should be strictly observed.

What is the difference between wrongful death and survival actions?

A wrongful death claim compensates family members for their losses due to the death, while a survival action seeks damages the deceased could have claimed if they had survived, such as pain and suffering before death.

What if my loved one contributed to the accident?

Massachusetts follows a modified comparative negligence rule. If the deceased was less than 51 percent responsible for the accident, the claim may still proceed, but damages could be reduced by the percentage of fault ascribed to them.

Can criminal charges affect a wrongful death case?

Wrongful death claims are civil actions and are separate from criminal proceedings. Even if a criminal case fails or is not pursued, a wrongful death lawsuit can still succeed based on the lower standard of proof.

How are settlements distributed to the family?

Recovered damages are distributed according to the Massachusetts laws of intestate succession, generally favoring spouses, children, or next of kin.

What evidence is important in a wrongful death case?

Key evidence often includes accident reports, medical records, witness statements, expert testimony, photographs, surveillance video, and proof of financial losses.

Do wrongful death lawsuits go to trial?

Many wrongful death cases are settled out of court. However, if a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine liability and damages.

Additional Resources

If you need more information or assistance related to wrongful death, you can consider the following resources:

• Massachusetts Trial Court Law Libraries: Provides legal information and guides related to wrongful death and other civil matters.
• Office of the Attorney General of Massachusetts: Offers consumer protection and can assist with questions surrounding deaths linked to criminal activity or abuse.
• Massachusetts Bar Association: Offers lawyer referral services, legal information, and resources for the public.
• Local Probate and Family Courts: Handles estate and probate matters related to wrongful death claims.
• Nonprofit organizations: Groups such as Mothers Against Drunk Driving (MADD) can provide support and advocacy for families affected by wrongful death due to impaired driving.

Next Steps

If you believe you have a wrongful death claim in Massachusetts, consider taking the following steps:

1. Gather important documents and information related to your loved one's death, such as accident reports, medical records, and proof of financial losses.
2. Consult with a qualified wrongful death attorney to discuss your case and understand your legal options. Most attorneys offer free initial consultations for these cases.
3. Act promptly to ensure you do not miss critical deadlines, especially the three-year statute of limitations.
4. Work with your attorney to identify liable parties, collect evidence, calculate damages, and navigate settlement negotiations or trial proceedings if necessary.
5. Seek emotional and practical support from friends, family, or professional counseling services, as wrongful death claims can be stressful and emotionally taxing.

Taking timely action can help secure the compensation and answers your family needs as you move forward after an unexpected loss.