Our wrongful death lawyers in Somerville at Earley Law Group Injury Lawyer have represented injured people and families in Massachusetts since 2006.
If you believe another person or business is responsible for your loved one’s death, we can review the circumstances and explain the legal options available to your family.
Contact us for a free consultation with one of our Somerville personal injury lawyers.
What Is a Wrongful Death Claim?
Massachusetts law permits a wrongful death action when a person’s death results from negligence or certain other wrongful conduct. The claim is civil, which means it seeks damages from the responsible party rather than criminal punishment.
The legal claim focuses on the losses caused by the death. Depending on the family circumstances, those losses may include the income, services, care, companionship, guidance, and support the deceased person reasonably would have provided. Massachusetts law also allows recovery of reasonable funeral and burial expenses.
Our role is to determine what the law allows your family to claim and develop the evidence needed to support those losses.
Who Can File a Wrongful Death Lawsuit in Massachusetts?
A spouse, child, or parent does not ordinarily file the wrongful death lawsuit individually. Under Massachusetts law, the action is brought by the executor or administrator of the deceased person‘s estate.
If an executor or administrator has already been appointed, we can work with that person as the claim proceeds. If no one has yet been appointed, the estate process may need to be addressed before the lawsuit can move forward.
This distinction can be confusing because the estate representative brings the legal action, while wrongful death damages are recovered for the benefit of those entitled to them under Massachusetts law. We can explain how that applies to your family before any filing decisions are made.
What Can Lead to a Wrongful Death Claim?
A wrongful death case can arise from many types of negligent or wrongful conduct. The legal question is whether the defendant’s conduct caused a death under circumstances recognized by Massachusetts law.
We may represent families after deaths involving:
- Car, truck, or motorcycle collisions.
- Pedestrian and bicycle crashes.
- Dangerous property conditions.
- Defective products.
- Construction or other work-related incidents.
- Medical negligence.
The facts determine which laws apply and who may be legally responsible. Some cases involve one defendant, while others require us to examine the conduct of several people or businesses.
How Our Somerville Wrongful Death Lawyers Establish Responsibility
A wrongful death case must be supported by evidence showing what happened and why the defendant is legally responsible.
The evidence will depend on how the death occurred. A fatal motor vehicle collision may require crash records, photographs, video, and witness testimony. A dangerous property claim may depend on evidence showing the condition of the property and what the owner knew or should have known. Other cases may require technical or medical testimony.
We begin by establishing the facts surrounding the death and determining what evidence is needed to prove the claim. When records, video, physical evidence, or witness information could be lost over time, we address preservation as early as possible.
What Damages Can Be Recovered?
Massachusetts wrongful death law allows damages based on the fair monetary value of the deceased person to be awarded to those entitled to recover.
The statute specifically recognizes losses such as:
- Reasonably expected net income
- Services
- Protection
- Care
- Assistance
- Society
- Companionship
- Comfort
- Guidance
- Counsel and advice.
Reasonable funeral and burial expenses may also be recovered. What that means for your family depends on your relationship with the person who died and the role that person had in your lives.
For example, lost earnings may be significant in one case, while care, household services, or parental guidance may be a substantial part of another.
As your Somerville wrongful death attorneys, we work to identify losses that can be legally claimed and support those claims with appropriate evidence.
Can Punitive Damages Be Awarded?
Yes, but not in every wrongful death case.
Massachusetts law permits punitive damages when the death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence. The statute provides for punitive damages of at least $5,000 when that standard is met.
Punitive damages are therefore different from the compensatory damages available in an ordinary negligence claim. Whether they can be pursued depends on the defendant’s conduct.
How Long Do You Have to File a Wrongful Death Claim?
Massachusetts wrongful death law generally requires an action to be commenced within three years of the death. The statute also provides a discovery-based rule tied to when the executor or administrator knew, or reasonably should have known, the factual basis for the claim, and other statutory provisions can affect the deadline in particular cases.
Because the deadline can depend on the circumstances, we recommend having it reviewed rather than calculating it without legal advice.
There is another reason not to wait. Records can become harder to obtain, witnesses may become difficult to locate, and physical or electronic evidence may no longer be available.
What Should Your Family Do Now?
You do not need to have the entire case figured out before speaking with us. There are, however, records worth keeping if you have access to them.
Try to preserve:
- Medical and hospital records in your possession.
- Funeral and burial documentation.
- Photographs or video connected to the incident.
- Insurance correspondence.
- Employment and income information for the deceased.
- Contact information for known witnesses.
Do not sign a release simply because an insurer asks you to do so. A release can affect legal rights, and we can review it before you make that decision.
How Earley Law Group Works With Families
A wrongful death case requires us to learn about the person who died, not simply the event that caused the death. We need to understand the role your loved one had in your family and the losses that followed.
We also explain the legal process in plain terms. You should know what we are doing, why we are doing it, and when a decision requires your input. If we believe there is a weakness or uncertainty in the case, we will discuss it with you directly.
Earley Law Group handles wrongful death and personal injury cases on a contingency–fee basis, so you do not pay attorney fees upfront. We can also travel for consultations when necessary.
Speak With a Wrongful Death Attorney in Somerville
If you have lost a family member and believe another person or business may be legally responsible, you can speak with us before deciding what to do next.
Contact Earley Law Group for a free consultation with a wrongful death attorney in Somerville. We can explain who has authority to bring the claim and discuss the options available under Massachusetts law.