Massachusetts Wrongful Death Attorney

At The Law Office of Michael J. Carroll, our team is committed to handling your case with care, dignity, and relentless advocacy. Call (617) 816-1072 today and let us help you find answers, accountability, and the peace of mind you deserve during this difficult time.

Losing a loved one is always heartbreaking, but when that loss is the result of someone else’s negligence or misconduct, the grief is often compounded by anger, confusion, and a pressing need for justice.

Whether your family member died in a crash on I-90, a construction accident near Fenway Park, or due to medical malpractice at a Boston hospital, you may have the legal right to pursue compensation through a wrongful death claim. In such devastating times, working with an experienced Massachusetts wrongful death attorney can provide the legal guidance and emotional support your family needs to move forward.

What Is a Wrongful Death Claim in Massachusetts?

A wrongful death claim is a legal action filed when someone’s death is caused by another party’s negligence, recklessness, or intentional act. In Massachusetts, wrongful death lawsuits can be brought by the executor or administrator of the deceased person’s estate on behalf of surviving family members. These cases often arise from:

Fatal car or truck accidents on routes like I-95, Route 1, or the Massachusetts Turnpike
Medical negligence at facilities such as Massachusetts General Hospital or UMass Memorial
Workplace accidents on construction sites in Boston, Worcester, or Springfield
Defective products or unsafe consumer goods

Filing a claim may never fully compensate for the emotional void left behind, but it can ease financial stress, provide a sense of closure, and hold responsible parties accountable.

How a Massachusetts Wrongful Death Attorney Can Help

After a tragic accident, families are often left with more questions than answers. Who was at fault? What evidence is needed? How long do we have to file? A knowledgeable fatal accident lawyer in Massachusetts can step in to answer these critical questions and take on the burden of investigation and litigation.

They can help you:

Gather crucial evidence such as accident reports, medical records, and witness testimony
Deal with insurance companies who may undervalue or dispute your claim
File a timely and properly structured claim under Massachusetts law

Legal action may be the last thing on your mind, but swift action is often necessary to preserve evidence and meet statutory deadlines.

Seeking Death Claim Legal Help After a Tragedy

If you’re unsure whether you have a case, it’s essential to seek legal help for a death claim as soon as possible. Every situation is unique, and Massachusetts law limits the time you have to file a wrongful death claim, generally within three years of the date of death. The sooner you speak with an attorney, the sooner your family can begin the process of seeking accountability and financial recovery.

In the following sections of this page, we’ll cover what qualifies as wrongful death under Massachusetts law, who can file a claim, what types of compensation may be available, and how to choose the right attorney for your case.

If your family is navigating this painful journey after a fatal crash on Soldiers Field Road, a drowning near Cape Cod, or a deadly workplace incident in Cambridge, you deserve compassionate, knowledgeable representation every step of the way.

What Qualifies as a Wrongful Death in Massachusetts?

In Massachusetts, a wrongful death occurs when a person dies as a result of someone else’s negligent, reckless, or intentional actions. These cases are governed by Massachusetts General Laws Chapter 229, Section 2, which outlines who may bring a claim and under what circumstances.

Understanding whether your situation qualifies as a wrongful death is the first step toward seeking justice and compensation with the help of a skilled Massachusetts wrongful death attorney.

Defining Wrongful Death Under State Law

A wrongful death claim can arise in many different contexts, but the key factor is that the death was preventable and caused by another party’s failure to act with reasonable care or by engaging in misconduct. This includes both accidents and deliberate acts.

Some of the most common causes of wrongful death in Massachusetts include:

Motor vehicle accidents, including car, truck, motorcycle, and pedestrian crashes
Medical malpractice, such as surgical errors or failure to diagnose
Workplace accidents, especially in high-risk industries like construction or manufacturing
Defective products, such as unsafe machinery or toxic consumer goods
Criminal acts, including assaults or drunk driving fatalities

If your loved one died under circumstances similar to these, your case may qualify as wrongful death, even if no criminal charges were filed.

When Can You File a Wrongful Death Lawsuit?

Not every death gives rise to a legal claim. To qualify as wrongful death, the following must typically be proven:

The death was caused by the negligence, recklessness, or unlawful conduct of another
The deceased could have filed a personal injury lawsuit had they survived
The claim is brought by the executor or administrator of the deceased’s estate

In addition, wrongful death lawsuits must usually be filed within three years of the date of death, or from the date the personal representative knew (or should have known) that the death was wrongful.

If you believe your loved one’s passing may qualify as wrongful death, it’s crucial to speak with an experienced Massachusetts wrongful death attorney as soon as possible to protect your rights.

Who Can File a Wrongful Death Claim in Massachusetts?

In Massachusetts, wrongful death claims are governed by Massachusetts General Laws Chapter 229, which outlines who has the legal authority to bring a lawsuit when someone’s death is caused by negligence or misconduct. Unlike some other states where surviving family members may file directly, Massachusetts law is more specific: only the executor or administrator of the deceased person’s estate has the legal standing to file a wrongful death claim.

Role of the Executor or Administrator

The executor (also known as a personal representative) is typically named in the deceased person’s will. If there is no will, the court will appoint an administrator, usually a surviving spouse or close family member. This individual is responsible for managing the estate and pursuing legal claims on behalf of the beneficiaries.

Even though only the estate’s representative can file the claim, the compensation awarded in a successful wrongful death lawsuit is for the benefit of the deceased’s surviving family members, such as:

The surviving spouse
Children of the deceased
Parents, if no spouse or children exist

Can Other Family Members File a Claim?

In Massachusetts, other relatives, such as siblings, grandparents, or domestic partners, cannot independently file a wrongful death claim unless they have been appointed as the estate’s personal representative. However, they may still benefit from the outcome of the case if they are legal heirs under the estate.

Why Legal Guidance Is Essential

Navigating the process of being appointed as an executor or administrator can be confusing, especially while grieving a loss. A qualified wrongful death attorney can assist with the probate process, ensure the claim is filed within the state’s strict deadlines, and work to secure compensation for funeral expenses, loss of income, companionship, and more.

If you’re unsure whether you’re eligible to file a claim or how to get started, consulting a Massachusetts wrongful death attorney is the best way to understand your rights and next steps.

Compensation an Experienced Massachusetts Wrongful Death Attorney Can Secure for Victims

When a loved one dies due to another party’s negligence, no amount of money can replace what was lost. However, financial compensation can help ease the burdens left behind, covering everything from funeral costs to the long-term impact on surviving family members.

Massachusetts law allows for several types of damages in a wrongful death claim, and understanding what may be recoverable is crucial when pursuing justice with the help of a skilled Massachusetts wrongful death attorney.

Types of Recoverable Damages

Massachusetts allows the estate of the deceased to seek a range of compensatory damages. These are intended to make the surviving family members whole after the financial and emotional losses of a wrongful death. Damages may include:

Medical expenses related to the fatal injury or illness
Funeral and burial costs
Loss of the deceased’s expected income and benefits
Loss of consortium, companionship, and support for surviving spouses and children
Pain and suffering endured by the deceased before death

These damages are paid to the deceased person’s estate and distributed according to Massachusetts inheritance laws or the decedent’s will.

Punitive Damages for Gross Negligence

Massachusetts is one of the few states that allows punitive damages in wrongful death cases, but only under specific circumstances. Punitive damages may be awarded if the death was caused by:

Malicious, willful, wanton, or reckless conduct
Gross negligence that shows a disregard for public safety

These damages are designed to punish the wrongdoer and deter similar behavior in the future, particularly in cases involving egregious safety violations or repeated misconduct.

Determining the Value of a Claim

The amount of compensation depends on many factors, including the deceased’s age, earning potential, and the emotional and financial impact on surviving loved ones. An experienced wrongful death attorney can help assess the full value of the claim, gather supporting evidence, and work to ensure the family receives fair and just compensation.

Massachusetts Wrongful Death Attorney Explains Time Limits: Statute of Limitations for Wrongful Death

In Massachusetts, families seeking justice after the loss of a loved one must act within a specific legal timeframe. The statute of limitations for wrongful death claims is generally three years from the date of the decedent’s death. Failing to file within this period typically results in the court dismissing the case, regardless of its merits.

This three-year deadline is outlined in Massachusetts General Laws Chapter 229, and it applies to most types of wrongful death cases, whether the death resulted from a car accident, medical malpractice, a defective product, or workplace negligence. However, there are some important nuances to be aware of.

Discovery Rule Exception

In some situations, the cause of death may not be immediately known. For example, a delayed diagnosis or hidden product defect might not come to light until weeks or months later. Massachusetts applies the “discovery rule”, which allows the three-year clock to begin when the executor or administrator of the estate knew or reasonably should have known that the death was caused by wrongful conduct.

This rule can provide additional time, but it’s not unlimited. Courts will evaluate whether the delay in discovery was reasonable, so it's important to consult with a wrongful death attorney as early as possible.

Why Timing Matters

Even if you believe you have time left under the statute, building a strong wrongful death case takes time, gathering evidence, identifying liable parties, and navigating probate proceedings. Missing the deadline can permanently bar you from recovering compensation for your loss.

To protect your family’s rights and ensure the case is filed properly and on time, it's best to seek legal counsel from an experienced Massachusetts wrongful death attorney as soon as possible.

Proving Liability in a Wrongful Death Case

In any Massachusetts wrongful death case, proving liability is one of the most important and often most challenging steps. To successfully recover compensation, the plaintiff (typically the estate’s executor or administrator) must demonstrate that the defendant’s actions directly caused the death and that those actions were negligent, reckless, or intentional.

A skilled Massachusetts wrongful death attorney can help gather and present the evidence needed to meet this legal standard.

The Four Elements of Negligence

To hold someone legally responsible in a wrongful death claim, the plaintiff must prove four essential elements of negligence:

Duty of Care: The defendant owed a legal duty to the deceased (e.g., drivers must follow traffic laws, doctors must follow medical standards).
Breach of Duty: The defendant failed to uphold that duty through negligent or wrongful actions.
Causation: The breach of duty directly caused the fatal injury.
Damages: The death resulted in measurable harm, such as financial loss, emotional suffering, or medical expenses.

All four elements must be proven to establish liability.

Types of Evidence Used

Wrongful death cases often rely on various types of evidence to demonstrate fault. Depending on the circumstances, this may include:

Accident reports from law enforcement or workplace safety agencies
Medical records and expert testimony to show the cause of death
Eyewitness statements and surveillance footage
Photos, videos, or physical evidence from the accident scene

In more complex cases, attorneys may work with accident reconstruction experts or forensic specialists to strengthen the case.

The Role of Legal Expertise

Because wrongful death cases can involve multiple parties, conflicting testimony, and complex liability issues, proving fault often requires a detailed legal strategy and investigation. An experienced wrongful death attorney knows how to uncover evidence, challenge defenses, and present a compelling case to secure justice for surviving family members.

How a Massachusetts Wrongful Death Lawyer Can Help

The loss of a loved one due to someone else’s negligence is a deeply painful experience, and navigating the legal aftermath can be overwhelming. A knowledgeable Massachusetts wrongful death attorney plays a vital role in helping grieving families seek justice and financial compensation.

From handling legal procedures to advocating for your rights, the right lawyer can guide you through every step of this difficult journey with skill and compassion.

Legal Guidance and Case Evaluation

One of the first things a wrongful death lawyer will do is assess whether your case qualifies under Massachusetts law. They will:

Review the circumstances surrounding the death
Determine if negligence, recklessness, or intentional harm was involved
Explain your legal options and the potential value of your claim

This early evaluation helps ensure your case is built on solid legal footing from the beginning.

Handling the Legal Process

Filing a wrongful death claim in Massachusetts involves strict deadlines, legal paperwork, and court procedures. A wrongful death attorney can:

File the necessary documents with the probate and civil courts
Investigate the accident and gather key evidence
Communicate with insurance companies and opposing counsel
Ensure your case complies with the Massachusetts statute of limitations

They take care of the legal details so your family can focus on healing.

Fighting for Fair Compensation

Insurance companies may try to minimize payouts or deny responsibility altogether. A seasoned wrongful death lawyer knows how to push back against these tactics and pursue the maximum compensation available for:

Medical and funeral expenses
Lost income and benefits
Loss of companionship and emotional suffering

By working with an experienced attorney, you can ensure that your family’s interests are represented with the strength and attention they deserve.

If you’ve lost a loved one and are seeking answers and accountability, a trusted legal advocate can make all the difference in your pursuit of justice.

Understanding the Emotional and Financial Impact of a Wrongful Death

A wrongful death doesn’t just leave an emotional void; it often brings significant financial hardship as well. When a loved one passes unexpectedly due to someone else’s negligence, surviving family members are frequently left grappling with mounting expenses and the sudden loss of emotional and economic support.

From funeral and burial costs to the loss of household income, the financial strain can be overwhelming. In many cases, the deceased was a primary wage earner, caregiver, or central figure in the family’s emotional and day-to-day life.

Beyond the economic losses, the emotional toll of a wrongful death is immeasurable. Families experience deep grief, trauma, and, at times, a strong sense of injustice. The grieving process can be prolonged and complicated by unanswered questions or a lack of accountability. Filing a wrongful death claim won’t bring back your loved one, but it can provide a sense of closure and justice, and the resources needed to stabilize your future.

Our team of skilled Massachusetts wrongful death lawyers can help you quantify both economic and non-economic damages, making sure your claim truly reflects the depth of your loss. With the right legal support, your family can focus on healing while your attorney fights for the compensation you rightfully deserve.

Why Choose Our Firm for Your Massachusetts Wrongful Death Case

When your family is facing the devastating loss of a loved one due to another’s negligence, choosing the right legal representation can make all the difference. A wrongful death claim is not only emotionally complex but also legally demanding. You deserve a firm that will treat your case with the care, commitment, and expertise it requires. That’s where we come in.

Our team brings decades of experience, a deep understanding of Massachusetts wrongful death law, and a client-first approach that prioritizes compassion, communication, and results.

Decades of Experience in Massachusetts Wrongful Death Law

Our attorneys have spent years handling complex wrongful death claims across the Commonwealth, from fatal car accidents on I-495 to medical malpractice in Boston hospitals. We understand the nuances of Massachusetts General Laws Chapter 229, the court procedures involved in probate and civil litigation, and how to work within the state’s strict statute of limitations.

Whether the case involves a negligent driver, a defective product, or a dangerous workplace, we have the knowledge and resources to build a strong, evidence-based case on your behalf.

A Personal, Compassionate Approach

We understand that no two families, and no two losses, are the same. That’s why we take the time to listen to your story, answer your questions, and develop a legal strategy tailored to your unique situation. Our team is here to support you every step of the way, providing clear updates and honest guidance throughout the process. We handle the legal burden so you can focus on your emotional recovery.

Proven Track Record of Results

Our firm has recovered millions for clients who have lost loved ones in fatal accidents. We are aggressive when it comes to negotiating with insurance companies and aren’t afraid to take cases to trial when necessary. Our goal is to secure the maximum compensation for your family, including damages for loss of income, companionship, emotional suffering, and more.

Contact A Massachusetts Wrongful Death Attorney; Get the Justice and Support Your Family Deserves

Losing a loved one unexpectedly is one of life’s most painful experiences, especially when it could have been prevented. If your family is dealing with a wrongful death in Massachusetts, you don’t have to navigate the legal process alone. With proper legal guidance, you can hold the responsible parties accountable and obtain the financial support your family needs to move forward.

Contact the Law Office of Michael J. Carroll today at (617) 816- 1072 to speak with a compassionate and experienced Massachusetts wrongful death attorney. We offer free consultations and are ready to fight for justice on your family’s behalf.