What Is Wrongful Death Under Massachusetts Law?
If you’re reading this, you may be facing the unimaginable. Losing a loved one due to someone else’s actions. At Attorneys Jim and Steve Brady and Associates, P.C., we want you to know that we’re here for you, with real answers and local support. Our team has strong roots in Walpole and across Norfolk County, and we have spent decades helping Massachusetts families make sense of wrongful death claims and secure the justice they deserve.
What Is Wrongful Death in MA?
Wrongful death in Massachusetts happens when someone passes away because of another person’s negligence or wrongful act. Under Mass. Gen. Laws c. 229, § 2, there’s a clear path for qualifying family members to seek accountability.
Massachusetts law is designed to support not just the financial loss, but also the profound impact on the family left behind. It focuses on the loss experienced by loved ones, rather than strictly looking at lost wages or income.
Who Can Start a Wrongful Death Lawsuit in Massachusetts?
The law only allows the personal representative of the deceased’s estate to file the claim, but the outcome benefits close family. The following people may be considered “statutory beneficiaries”:
Spouses
Children
Parents (if no spouse or children exist)
Other next of kin, depending on your family structure
If there’s no will, Massachusetts follows intestacy laws for distributing any settlement or verdict. Working with our local team at Brady & Associates means your family’s interests are protected and the process is explained at every step. For more, you can review our Personal Injury practice.
What Incidents Lead to Wrongful Death?
We see wrongful death cases arise from many situations, including:
Motor vehicle accidents involving cars, trucks, or motorcycles
Workplace or industrial accidents
Medical errors and malpractice
Defective or dangerous products
Intentional harm, such as assault
If you believe that carelessness or recklessness played a role in your loved one’s passing, reach out for a free case evaluation. We can help answer any questions you may have and guide you through the next steps in this emotionally difficult process.
Timing and Deadlines
Timing is crucial in any wrongful death case in MA. Most families have three years to bring a claim from the date of death.
Massachusetts uses the “discovery rule” in some scenarios, which means the timeline might start when you first learn or reasonably should learn about the cause of death. Because of recent Supreme Judicial Court decisions, the legal landscape can be complex. We recommend reaching out as soon as questions arise to ensure your rights are protected.
Damages Families Can Recover
Massachusetts law recognizes that wrongful death affects every part of a family's life. Damages can include:
Economic damages: Funeral expenses, final medical bills, and lost earnings.
Non-economic damages: Loss of companionship, care, guidance, and protection.
Punitive damages: In cases involving reckless or willful conduct, MA law requires an award of at least $5,000 to deter similar wrongdoing.
How damages are distributed depends upon family structure. For a general overview, see the FindLaw summary of MA law. If you’re unsure about how to proceed, please reach out for a free case evaluation where we can provide you guidance based on our decades of local experience. We know how daunting this may feel, and we want to help by taking care of the legalese so you don’t have to.
Frequently Asked Questions
How is a wrongful death lawsuit different from a criminal case? A wrongful death lawsuit is a civil matter focused on compensation for your family. It can happen alongside a criminal case, but the two are handled separately in different courts.
If my loved one was partially at fault, does that end the claim? Not necessarily. In Massachusetts, if the deceased was less than 51 percent at fault, families can still pursue a claim, though the recovery amount may be adjusted.
Are punitive damages available? Yes. If gross negligence or reckless behavior led to the death, Massachusetts law mandates a minimum punitive award.
Compassionate Local Guidance
We know that pursuing a legal claim can feel daunting when you’re already dealing with overwhelming loss. Our team at Brady Law takes a hands-on approach explaining your rights and advocating for your family as our own neighbors.
Your family matters to us. If you have questions about Massachusetts wrongful death law, reach out today for a free case evaluation.
Disclaimer: This blog is provided for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney–client relationship with Attorneys Jim and Steve Brady and Associates, P.C. or any of its attorneys. Every case is different, and the outcome of one matter does not guarantee a similar result in another. If you have been injured or believe you may have a legal claim, you should consult directly with a qualified attorney about your specific situation. Jim and Steve Brady and Associates, P.C. expressly disclaims liability for any actions taken or not taken based on the content of this blog.