Wrongful Death Lawyer in Massachusetts

Did You Lose a Family Member Due to Someone Else’s Negligence in Massachusetts?

In Massachusetts, when a person dies due to another party’s negligence, surviving family members have the legal right to pursue a wrongful death claim for lost income, loss of companionship, funeral expenses, medical costs, and in cases of gross negligence, punitive damages. A wrongful death lawsuit both holds the responsible party accountable and secures the financial stability the family needs going forward. Attorney Jeffrey C. Lavey has represented Massachusetts families in wrongful death cases for over 37 years, and he approaches every case with the seriousness and compassion it deserves.

All consultations are free. There are no fees unless Attorney Lavey wins your case.

Who Can Bring a Wrongful Death Claim in Massachusetts?

Under Massachusetts law, a wrongful death action is brought by the personal representative (executor or administrator) of the deceased person’s estate. The claim is pursued on behalf of the surviving spouse, children, or next of kin. If the deceased did not have a will or an appointed personal representative, Attorney Lavey can help the family navigate the probate process to establish standing to bring the claim.

It is important that families act promptly. Massachusetts law sets time limits on wrongful death claims, and the specific deadline depends on the circumstances of the death. Attorney Lavey will advise your family on all applicable deadlines from the first consultation.

What Are the Common Causes of Wrongful Death Claims in Massachusetts?

Attorney Jeffrey C. Lavey handles wrongful death claims arising from a wide range of circumstances, including:

• Fatal car, truck, and motorcycle accidents: the leading cause of wrongful death claims in Massachusetts
• Medical malpractice: surgical errors, misdiagnosis, birth injuries, medication errors, and hospital negligence
• Nursing home neglect and abuse: deaths caused by inadequate care, falls, or dangerous conditions in long-term care facilities
• Construction and workplace accidents: fatal falls, electrocution, machinery accidents, and other job site deaths
• Defective products: death caused by a dangerous or defective consumer product, vehicle component, or industrial equipment
• Premises liability: fatal accidents on unsafe property
• Criminal acts: wrongful death arising from assault, homicide, or other intentional acts

What Compensation Can a Massachusetts Wrongful Death Claim Recover?

Massachusetts wrongful death law provides for recovery of a broad range of losses suffered by the surviving family:

• Loss of expected net income: the future earnings the deceased would have provided to the family, calculated through expert economic testimony
• Loss of services, protection, care, assistance, society, and companionship: the profound loss of the deceased’s presence and contribution to family life
• Reasonable funeral and burial expenses
• Medical and hospital expenses related to the injury or illness that caused the death
• The deceased’s conscious pain and suffering before death, where applicable
• Punitive damages: in cases where the responsible party’s conduct was grossly negligent or malicious, Massachusetts law allows additional punitive damages

Attorney Lavey works with economists, medical experts, and other specialists to fully document and present every element of the family’s loss.

How Is a Wrongful Death Lawsuit Different From a Criminal Case?

A wrongful death claim is a civil lawsuit, entirely separate from any criminal prosecution that may arise from the same incident. The goal of a criminal case is punishment, fines and imprisonment. The goal of a civil wrongful death claim is to compensate the family for their loss. The two proceedings are independent: a family can pursue a wrongful death claim regardless of whether criminal charges are filed, and the outcome of the criminal case does not determine the outcome of the civil claim. The burden of proof in a civil wrongful death case is also lower than in a criminal prosecution.

What Steps Should a Family Take After a Wrongful Death?

The days and weeks following a sudden or unexpected death are an overwhelming time. While Attorney Lavey handles the legal process, there are steps families can take to protect the claim:

• Preserve any evidence related to the death: photographs, documents, physical items: and do not allow evidence to be disposed of or altered
• Do not provide statements to any insurance company or defense representative without legal counsel
• Obtain copies of all medical records, police reports, accident reports, and any other documentation related to the death
• Contact Attorney Lavey for a compassionate, confidential consultation as soon as you are ready

How Does a Massachusetts Wrongful Death Case Proceed?

Wrongful death cases in Massachusetts follow a structured process. Understanding the stages helps families know what to expect:

Step 1: Appointment of personal representative. A wrongful death claim must be brought by the personal representative of the deceased’s estate. If the deceased did not have a will or named executor, a family member must petition the probate court for appointment. Attorney Lavey assists families with this process.

Step 2: Investigation and evidence preservation. Early investigation is critical. Accident scenes change, surveillance footage is overwritten, and witnesses become harder to locate. Attorney Lavey moves quickly to preserve all available evidence.

Step 3: Expert retention. Depending on the cause of death, Attorney Lavey works with accident reconstructionists, medical experts, economists, and life care planners to build the damages case and establish liability.

Step 4: Demand and negotiation. A comprehensive demand package is presented to the responsible party’s insurer. Attorney Lavey negotiates aggressively for full compensation on behalf of the family.

Step 5: Filing suit if necessary. If the insurer does not offer fair compensation, Attorney Lavey files a wrongful death lawsuit in Massachusetts Superior Court. He prepares every case as if it will go to trial.

Probate court approval. In Massachusetts, wrongful death settlements on behalf of minors or involving estate claims require probate court approval. Attorney Lavey manages this process on the family’s behalf.

What Should a Family Not Do After a Wrongful Death?

• Do not give statements to the responsible party’s insurer. Insurance companies reach out to grieving families quickly and specifically to gather information that benefits the defense. Decline all contact and refer inquiries to Attorney Lavey.
• Do not allow evidence to be destroyed. If a vehicle, product, property condition, or any other item may be relevant to the cause of death, preserve it and notify Attorney Lavey immediately.
• Do not accept an early settlement offer. Early offers are designed to close cases before families understand the full value of what they have lost. A wrongful death settlement should account for decades of lost income, lost companionship, and every other element of the family’s loss.
• Do not wait to consult an attorney. Evidence can be lost, witnesses become unavailable, and Massachusetts law sets time limits on wrongful death claims. The earlier Attorney Lavey is involved, the stronger the case.

Frequently Asked Questions About Wrongful Death Claims in Massachusetts