Wrongful Death Laws in Massachusetts
Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can face. In Massachusetts, wrongful death laws provide a way for families to seek justice and recover compensation for the emotional and financial losses caused by an untimely death. While nothing can replace the person you lost, taking legal action can bring some measure of accountability and relief.
Who Can File a Wrongful Death Claim in Massachusetts?
In Massachusetts, only the executor or administrator of the deceased person’s estate can file a wrongful death claim. This person may be named in a will or appointed by the court. While the claim is filed by the estate, the compensation is distributed to the beneficiaries—typically the surviving spouse, children, or other close relatives.
What Qualifies as a Wrongful Death?
A wrongful death occurs when someone dies as a result of the negligent, reckless, or intentional actions of another. In Massachusetts, wrongful death claims often involve:
- Car and truck accidents
- Medical malpractice
- Workplace incidents
- Defective products
- Premises liability (unsafe property conditions)
- Criminal acts like assault or homicide
The claim must show that the deceased would have had grounds to file a personal injury lawsuit had they survived.
What Damages Are Available?
Wrongful death claims in Massachusetts can result in compensation for both economic and non-economic losses. These may include:
- Funeral and burial expenses
- Medical bills related to the final injury
- Loss of income and financial support
- Loss of companionship, protection, and guidance
- Pain and suffering experienced by the deceased before death
- Punitive damages (in certain cases)
Punitive damages may be awarded when the wrongful death was caused by gross negligence or willful misconduct.
Massachusetts Statute of Limitations
In Massachusetts, the statute of limitations for filing a wrongful death lawsuit is three years from the date of death, or from the date the family learned (or should have learned) that the death was caused by negligence.
Failing to file within this time frame usually results in the court dismissing the case, so it’s important to act quickly.
Wrongful Death and Car Accidents in Massachusetts
Fatal car accidents are a leading cause of wrongful death claims in Massachusetts. If a negligent driver caused your loved one’s death, your family may be entitled to file a wrongful death lawsuit against the at-fault party or their insurance company.
Massachusetts is a no-fault state for car insurance, but serious injuries or fatalities allow you to go outside the no-fault system and seek full compensation from the responsible driver.
Workplace Fatalities in Massachusetts
Families of workers who die on the job may be eligible for workers’ compensation death benefits, which can include funeral costs and ongoing payments to dependents. If someone other than the employer caused the fatal accident—such as a subcontractor or equipment manufacturer—the family may also have grounds for a wrongful death lawsuit.
Frequently Asked Questions About Wrongful Death in Massachusetts
Who receives the compensation in a wrongful death case?
While the claim is filed by the estate’s representative, compensation is typically awarded to the deceased’s surviving spouse, children, or other dependents based on the nature of their loss.
Can a wrongful death claim be filed if there’s also a criminal case?
Yes. A wrongful death lawsuit is a civil case and can proceed independently of any criminal charges. You can pursue a claim even if the at-fault party is not convicted in criminal court.
Are punitive damages allowed?
Yes, but only in cases involving gross negligence or intentional misconduct. The goal is to punish the wrongdoer and deter similar conduct in the future.
What happens if the deceased had no will?
If there’s no will, the court will appoint an administrator—usually a close family member—to manage the estate and pursue the wrongful death claim.
Speak With a Massachusetts Wrongful Death Attorney
If your family is grieving the loss of someone due to negligence, a wrongful death attorney in Massachusetts can guide you through your legal options. They’ll help ensure you file within the required deadlines and fight for the compensation your family needs. Reach out today to schedule a free consultation and take the next step toward justice.