If you have lost a loved one due to someone else’s negligence in Massachusetts, understanding your legal rights is a critical first step toward justice. This guide covers Massachusetts’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Massachusetts provides a 3-year filing window and imposes no caps on wrongful death damages, giving families a strong foundation for pursuing full and fair compensation.
Massachusetts Wrongful Death Laws
The Massachusetts Wrongful Death Statute
Massachusetts’s wrongful death law is governed by Massachusetts General Laws Chapter 229 § 2. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
Massachusetts imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
Massachusetts allows recovery for pecuniary loss, loss of reasonably expected net income, and loss of companionship, along with funeral expenses. There are no caps on wrongful death damages in Massachusetts.
Survival Action
Massachusetts maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Massachusetts
1. Lubin & Meyer PC
Location: Boston, MA (Serving MA, NH, and RI)
Phone: (617) 720-4447
Website: https://lubinandmeyer.com
Widely considered the most dominant medical malpractice and catastrophic injury law firm in New England. Because Massachusetts has no damage caps, their highly specialized medical-legal team secures massive, record-setting verdicts by flawlessly proving the deceased’s loss of reasonably expected net income and the severe loss of companionship caused by hospital and physician negligence.
2. Breakstone, White & Gluck
Location: Boston, MA
Phone: (800) 379-1244
Website: https://bwglaw.com
Elite when it comes to fatal construction accidents, commercial trucking crashes, and premises liability. Massachusetts requires the estate’s Personal Representative to lead the lawsuit; Breakstone, White & Gluck has deep expertise in navigating the probate courts to get the estate established quickly, allowing their accident reconstructionists to immediately secure the accident scene.
3. Sweeney Merrigan Law
Location: Boston, MA
Phone: (617) 391-9001
Website: https://sweeneymerrigan.com
A highly aggressive and modern trial firm that frequently handles high-stakes fatal motor vehicle and defective product cases. They expertly manage both the wrongful death claim and the separate survival action, ensuring maximum liability for negligent defendants across Massachusetts.
Frequently Asked Questions
Are there caps on damages in Massachusetts?
No. Massachusetts imposes no caps on wrongful death damages. Juries may award full compensation for pecuniary loss, loss of reasonably expected net income, and loss of companionship.
What is loss of reasonably expected net income?
Massachusetts specifically recognizes loss of reasonably expected net income as a recoverable element of wrongful death damages. This means the jury can compensate the family for the income the deceased would have earned throughout their working life, after accounting for taxes and personal expenditures. Establishing this figure requires detailed economic expert testimony about the deceased’s career trajectory, earning history, and expected future earnings.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 3-year deadline runs from the date of death, but the probate appointment process takes time. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Massachusetts’s wrongful death framework – no damage caps and a 3-year filing window – provides families with strong legal tools. The firms listed above have the resources to pursue maximum recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.