The sudden loss of a loved one can change your life in an instant. When that loss happens because of another person’s negligence or misconduct, grief is often accompanied by confusion, frustration, and a personal need for answers.
In Boston and throughout Massachusetts, families often face these questions after fatal car crashes, medical errors, falls due to unsafe property conditions, or workplace accidents. While no legal action can undo the loss of a family member, a wrongful death claim may help surviving relatives pursue accountability and obtain financial support for the losses caused by the tragedy.
The Boston wrongful death lawyers at Greenberg Gross work with families who are facing the unexpected hardship of a preventable fatal accident. We know these cases are about far more than financial recovery. They are about uncovering the truth, honoring the life that was lost, and helping your family find a path forward during a deeply difficult time.
Greenberg Gross LLP is ready to stand by your side
At Greenberg Gross, We Understand What You are Going Through
Beyond the grief itself, you may encounter unexpected expenses and financial challenges. Household income may disappear, medical bills may accumulate, and surviving family members may need to adjust to new responsibilities and living arrangements.
You may be looking for answers about how the tragedy occurred, whether it could have been prevented, and what steps you can take to protect your loved one’s legacy and your family’s future.
These practical concerns can make an already painful situation even more devastating. We handle wrongful death claims to help families pursue financial stability while also seeking answers about what happened.
If you believe your loved one’s death resulted from someone else’s negligence, you may have legal options under Massachusetts law. Reach out to our Boston wrongful death lawyers as soon as you are able so you can understand what options may be available to you.
What Is a Wrongful Death Claim in Massachusetts?
Under Massachusetts law, a wrongful death occurs when a person dies because of another party’s negligence, recklessness, or intentional wrongdoing. The legal framework for these cases is found in the wrongful death laws at Massachusetts General Laws Chapter 229, Section 2.
In simple terms, a wrongful death claim allows certain surviving family members to seek compensation after a fatal injury that would have been the basis of a personal injury claim if the person had survived. Wrongful death claims may arise from many types of incidents, including:
- Motor vehicle collisions
- Medical malpractice
- Construction and workplace accidents
- Defective products
- Nursing home neglect or abuse
- Dangerous property conditions
In each of these situations, the central issue is whether another party’s conduct caused the fatal injury. The dedicated wrongful death attorneys in our Boston office have the skills and experience to handle cases stemming from all types of accident scenarios that lead to a fatal outcome.
Who Can Bring a Wrongful Death Lawsuit in Massachusetts?
Massachusetts law requires that wrongful death claims be filed by the executor or personal representative of the deceased person’s estate. This individual is typically named in the deceased person’s will. However, if there is no will, a probate court may appoint someone—often a close family member—to serve as the personal representative.
Although the personal representative files the lawsuit, any compensation recovered is intended to benefit surviving family members. These beneficiaries may include:
- A surviving spouse
- Children of the deceased
- Parents of the deceased
- Other family members who depended on the deceased person financially
Because wrongful death claims involve both probate law and personal injury law, successfully navigating the process often requires careful legal guidance. Turn to our wrongful death team to walk you through each step and ensure your rights are protected.
Common Situations That May Lead to Wrongful Death Claims in Boston
Fatal accidents can occur in many environments throughout the Boston area.
Busy roadways such as Interstate 93, Storrow Drive, and Massachusetts Avenue see heavy traffic every day. Car crashes caused by distracted driving, impaired driving, or reckless behavior are among the most common sources of wrongful death cases.
Construction and infrastructure projects throughout Greater Boston also carry inherent risks. When contractors, property owners, or equipment manufacturers fail to follow safety requirements, workers and bystanders can suffer devastating consequences.
Medical negligence is another potential cause of wrongful death. Boston’s world-renowned hospitals provide exceptional care to many patients, but medical errors can still occur when providers fail to properly diagnose conditions, make surgical mistakes, or overlook serious symptoms.
Wrongful death claims may also arise from unsafe property conditions, defective consumer products, or acts of violence. Each case requires a careful examination of the circumstances surrounding the death to build a strong legal claim.
What We Must Prove in a Wrongful Death Case
Pursuing a wrongful death claim requires demonstrating that another party’s conduct caused the fatal injury. In legal terms, this usually involves establishing four key elements:
- First, the responsible party must have owed a duty of care to the deceased. Drivers, medical professionals, employers, and property owners all have legal responsibilities to act in ways that protect others from harm.
- Second, the evidence must show that this duty was breached. A breach may involve careless driving, unsafe workplace practices, medical errors, or other negligent actions.
- Third, the breach must have caused the fatal injury. Establishing causation often requires medical records, accident reports, expert testimony, and other forms of evidence.
- Finally, surviving family members must demonstrate that they suffered losses resulting from the death.
Although these elements may sound straightforward, wrongful death cases often involve extensive investigation, detailed legal analysis, and insurance companies that deny or undervalue wrongful death claims.
What if My Family Member Was Partially At Fault For the Accident That Caused Their Death?
In some fatal accidents, more than one party may share responsibility for what occurred. In these situations, Massachusetts follows a modified comparative negligence rule. Under this system, liability can be divided among multiple parties based on their percentage of fault.
If the deceased person was partially responsible for the circumstances leading to the accident, a wrongful death claim may still be possible. However, any financial recovery may be reduced based on the percentage of responsibility assigned to the deceased family member.
If the deceased person is found to be more than 50 percent responsible for the incident, recovery may be barred under Massachusetts law. Most insurance companies will attempt to shift as much blame as possible onto the person who died in order to avoid paying the family for their losses. This is where our tenacious legal professionals can be a great ally.
Our wrongful death attorneys will work to determine who was at fault and how much responsibility each party should bear. We’ll perform a detailed investigation, engage experts to provide a legal analysis, and thoroughly review evidence from multiple sources to protect your loved one’s reputation and your family’s future.
What Compensation is Available in a Massachusetts Wrongful Death Claim?
Wrongful death claims seek compensation for the losses suffered by surviving family members. These damages may include financial losses, such as losing the income and support the deceased person would have provided to the family.
Compensation may also address the loss of the deceased person's companionship, care, guidance, and emotional support to the household. Massachusetts law also allows recovery for funeral and burial expenses as well as medical costs related to any final injury or illness.
In cases involving particularly reckless or intentional conduct, courts may also award punitive damages designed to hold the responsible party accountable. Punitive damages are not commonly awarded, and we can explain whether your circumstances would support a claim for punishing the wrongdoer in addition to your other losses.
The damages available in each case depend on the specific facts and the evidence presented. Share your story with our compassionate Boston wrongful death attorneys during a free consultation, and we’ll explain all of your options.
How Our Boston Wrongful Death Lawyers Can Support Your Family
Families dealing with the loss of a loved one should not have to face complex legal procedures alone. Our wrongful death lawyers can help guide you through each step of the process, from investigating the circumstances of the accident to pursuing compensation through settlement negotiations or litigation.
When you choose Greenberg Gross, our legal representation often includes:
- Conducting an independent investigation
- Identifying responsible parties
- Gathering documentation and expert evidence
- Communicating with insurance companies and defense attorneys
- Preparing the case for settlement negotiations or court proceedings
Our team support allows you to focus on grieving and healing while we handle the insurance company and the complexities of your case.
Getting Legal Help Should Not Create Additional Financial Stress
After losing a loved one, many families worry about how they will manage financially, especially when unexpected expenses begin to arise. It is completely understandable to hesitate about speaking with a lawyer when you are unsure about the cost.
At Greenberg Gross, we handle wrongful death cases on a contingency fee basis, which means families do not pay attorney’s fees upfront, and our firm advances all litigation costs needed to pursue the case. Legal fees are only paid if we obtain a financial recovery for you. This means our team’s interests are always aligned with yours.
Speaking with our team during a free consultation does not create any obligation to move forward, but it can help you understand your options and decide what is best for your family.
This approach allows you to explore your legal options and seek accountability without adding financial pressure during an already complicated and emotional time.
We Always Offer Free Consultations in Wrongful Death Cases
The first step in many wrongful death cases is simply understanding what happened and whether legal action may be appropriate.
Greenberg Gross offers free consultations for families who have lost a loved one in a preventable accident. During this conversation, you can share your story, ask questions, and learn about the legal process without any financial obligation.
Frequently Asked Questions About Wrongful Death Claims in Boston
How long do I have to file a wrongful death lawsuit in Massachusetts?
The Massachusetts statute of limitations generally requires wrongful death claims to be filed within three years from the date of death. If you miss this deadline, your claim will likely be dismissed. It is important to seek legal advice as soon as possible to avoid losing the opportunity to receive justice and compensation.
What if the responsible party faces criminal charges?
A wrongful death claim is a civil lawsuit and is separate from any criminal case. Regardless of whether criminal charges are filed or if that party is found guilty, the family may still pursue a civil claim for financial compensation.
Can more than one party be responsible for the death?
Yes. Many wrongful death cases involve multiple responsible parties. For example, a fatal accident may involve a negligent driver, a vehicle manufacturer, or a company responsible for maintaining safe premises.
Will my case have to go to court?
Many wrongful death cases are resolved through negotiated settlements. However, thoroughly preparing a case—including being ready to go to trial—often strengthens our bargaining position and ability to pursue fair compensation.
What information should I bring to my free consultation?
It’s best to bring any documents related to the incident, such as medical records, accident reports, insurance communications, or correspondence with employers or healthcare providers. Even if you do not have these materials yet, a consultation can still help clarify your options and we can request the information on your behalf if we decide to work together.
Contact the Boston Wrongful Death Lawyers at Greenberg Gross to Share Your Story
The loss of a loved one due to another person’s negligence can leave families searching for answers and struggling to move forward. While no legal action can erase the pain of that loss, pursuing a wrongful death claim can help families seek accountability and financial stability.
The Boston wrongful death lawyers at Greenberg Gross represent families who are seeking justice after preventable tragedies. Our team approaches these cases with compassion, diligence, and a commitment to uncovering the truth.
If your family has lost someone due to another party’s careless or wrongful actions, you do not have to face the legal complexities alone. Contact the wrongful death team at Greenberg Gross’ Boston office today to schedule a free consultation, share your story, and learn about the legal options that may be available to you.