Losing a loved one is devastating under any circumstances. But when that loss is caused by someone else’s negligence, recklessness, or intentional act, when it could have and should have been prevented, the pain is compounded by anger, confusion, and a profound sense of injustice. No family should have to endure the death of a loved one due to another’s wrongdoing, and no amount of money can ever replace the person you’ve lost.
What Qualifies as a Wrongful Death in Massachusetts?
Not every death, even a tragic one, qualifies as a wrongful death under Massachusetts law. Understanding what legally constitutes a wrongful death is the first step in determining whether you have a valid claim.
The Legal Definition of Wrongful Death
Under Massachusetts General Laws Chapter 229, Section 2, a wrongful death occurs when someone dies as a result of:
Negligence: This is the most common basis for wrongful death claims. Negligence means the failure to exercise reasonable care, resulting in harm to another person. If your loved one would have had grounds to file a personal injury lawsuit had they survived, then you likely have grounds for a wrongful death claim. Examples include car accidents caused by distracted driving, medical malpractice, premises liability accidents, and workplace accidents.
Willful, Wanton, or Reckless Conduct: This involves behavior that goes beyond ordinary negligence, it’s conduct that shows a conscious disregard for the safety of others. Examples include drunk driving, extreme speeding, road rage, assault, or knowingly selling dangerous defective products. When death is caused by willful, wanton, or reckless conduct, you may be entitled to punitive damages in addition to compensatory damages.
Breach of Warranty: This typically applies to product liability cases where a product was sold with a warranty (express or implied) that it was safe for its intended use, but the product turned out to be dangerously defective. If a defective product caused your loved one’s death, the manufacturer, distributor, or seller may be liable.
Common Circumstances That Lead to Wrongful Death Claims
Wrongful death claims arise from many types of incidents:
Motor Vehicle Accidents:
Medical Malpractice:
Workplace Accidents:
Defective Products:
Premises Liability:
Nursing Home Negligence and Abuse:
Criminal Acts:
What Deaths Don’t Qualify
Massachusetts law specifically excludes certain wrongful death claims:
- You cannot file a wrongful death claim against your loved one’s employer if they died on the job (workers’ compensation death benefits apply instead, though you may have third-party claims)
- You cannot file against a railroad company if the death occurred on or near train tracks, except at established railroad crossings
- Similarly, you cannot file against a streetcar company except in limited circumstances
We know you’re grieving and that pursuing a legal claim is probably the last thing on your mind right now. However, acting quickly is essential to protecting your family’s rights and maximizing your compensation. Here’s why you can’t afford to wait:
Evidence Disappears Rapidly
Critical evidence begins disappearing within days or weeks of a death:
- Accident scenes change as vehicles are removed, debris is cleared, and road conditions change
- Security camera footage is typically erased after 30-90 days
- Witnesses move away, change phone numbers, or forget important details
- Physical evidence degrades or is destroyed
- Documents may be lost or discarded
The longer you wait, the harder it becomes to prove what happened and who was responsible.
Defendants Begin Protecting Themselves Immediately
When a death occurs due to potential negligence, defendants and their insurance companies take immediate action to limit their liability.
The Statute of Limitations Is Not Negotiable
While you have three years to file a wrongful death lawsuit in Massachusetts, this is a hard deadline. If you miss it by even one day, your case is dismissed forever, and you lose all rights to compensation. Given how long it takes to investigate a case, gather evidence, retain experts, and prepare for litigation, waiting until the deadline is dangerously close is extremely risky.
Opening an Estate Takes Time
Before you can file a wrongful death lawsuit, someone must be appointed as Personal Representative of the estate. This process involves:
This process can take weeks or even months, eating into your three-year statute of limitations.
Medical Records Can Be Harder to Obtain Later
If your loved one received medical treatment before death, obtaining complete medical records is critical. However, as time passes:
- Records may be archived or harder to access
- Healthcare providers may be less cooperative
- Electronic records may be purged
- Staff who remember the case may have left
Insurance Companies Pressure You When You’re Vulnerable
Defendants’ insurance adjusters often contact grieving families shortly after a death, appearing sympathetic and helpful. They may:
- Offer a quick, low settlement to “help” with funeral expenses
- Ask for recorded statements that can be used against you later
- Try to get you to sign releases that waive your rights
- Pressure you to settle before you understand the full value of your claim
Expert Witnesses Have Limited Availability
The best expert witnesses, accident reconstructionists, medical experts, economists, are in high demand and often book months in advance. Acting quickly ensures we can retain the best experts for your case before they’re committed to other matters.
Your Family Needs Financial Support Now
If your loved one was the family breadwinner, you may be facing immediate financial hardship. The sooner we begin your case, the sooner we can work toward securing the compensation your family needs to maintain financial stability.
Since 1993
Bilingual Customer Service (PT / ES / EN / HE / RO)
Personal Injury and Criminal Defense Lawyers
FREQUENTLY ASKED QUESTIONS ABOUT WRONGFUL DEATH IN MASSACHUSETTS
1. Can I file a wrongful death lawsuit if my loved one died in a car accident?
Yes. If your loved one died in a car, truck, motorcycle, or pedestrian accident caused by another driver’s negligence, the Personal Representative can file a lawsuit for lost income, loss of companionship, funeral expenses, and medical bills.
2. What if my loved one died from medical malpractice?
Medical malpractice wrongful death cases can result in substantial compensation. Massachusetts exempts these cases from the $500,000 cap on non-economic damages. You have three years from death but no more than seven years from the malpractice act.
3. Can I sue my loved one’s employer if they died at work?
Generally, no. Workers’ compensation provides the exclusive remedy against employers. However, you’re entitled to workers’ comp death benefits and can sue third parties whose negligence contributed, such as equipment manufacturers, subcontractors, or property owners.
4. How much is a wrongful death case worth in Massachusetts?
Value varies from hundreds of thousands to millions of dollars based on the deceased’s age, income, number of surviving children, strength of evidence, and available insurance coverage. Massachusetts generally does not cap wrongful death damages.
5. Who gets the money from a wrongful death settlement?
Money goes to statutory beneficiaries: (1) surviving spouse and children, (2) next of kin if no spouse or children, (3) heirs. Wrongful death proceeds aren’t subject to the deceased’s debts and go directly to beneficiaries.
6. How long do I have to file a wrongful death lawsuit in Massachusetts?
Three years from the date of death under M.G.L. Chapter 229, Section 2. Medical malpractice cases cannot be filed more than seven years after the malpractice occurred. Act immediately because crucial evidence disappears quickly.
7. What if I’m not sure who’s responsible for my loved one’s death?
Determining liability is what your attorney’s investigation is for. We conduct thorough investigations to identify all potentially liable parties. Don’t let uncertainty prevent you from pursuing your rights.
8. Can I get punitive damages in a wrongful death case?
Possibly. Massachusetts allows punitive damages when death was caused by “malicious, willful, wanton, or reckless conduct” or “gross negligence.” Examples include drunk driving, extreme speeding, intentional violence, or knowingly selling dangerous defective products.
9. What’s the difference between a wrongful death claim and a survival action?
Wrongful death compensates surviving family for their losses (lost support, loss of companionship, funeral expenses). Survival action compensates for losses the deceased personally suffered (pain and suffering, medical expenses, lost wages before death).
10. Do I need to open a probate estate before filing a wrongful death lawsuit?
Yes. Only the Personal Representative (executor or administrator) can file a wrongful death lawsuit. Someone must petition the Probate and Family Court to be appointed as Personal Representative first.
11. Can I file a wrongful death claim if my loved one died months or years after the accident?
Yes, as long as death was caused by injuries from the accident. The three-year statute runs from the date of death, not the original accident. Medical malpractice cases cannot exceed seven years from the malpractice act.
12. What if the person who caused my loved one’s death was also criminally charged?
Criminal prosecution and civil wrongful death lawsuits are separate. Even if convicted, you need to file a separate civil lawsuit. Even if acquitted, you can still succeed in your civil claim because the burden of proof is lower.
13. What if my loved one was partially at fault for the accident that killed them?
Massachusetts follows modified comparative negligence. Recovery is reduced by your loved one’s percentage of fault if they were not more than 50% responsible. If 51% or more at fault, you cannot recover anything.
14. Will I have to testify in court?
Not necessarily. Many cases settle without trial. However, be prepared for possible depositions, mediation conferences, and trial testimony if your case goes to court. We thoroughly prepare you for any testimony.
15. How long does a wrongful death case take in Massachusetts?
Simple cases may settle within 6-12 months. Complex cases involving disputed liability, multiple defendants, or trials can take 18-36 months or longer. Factors include investigation complexity, number of defendants, and whether the case goes to trial.
