Losing a child is a heartbreaking and life-altering experience. When the loss is caused by someone else’s negligence or wrongful actions, the grief is compounded by a desire for justice and accountability. In Massachusetts, the legal system allows families to pursue wrongful death claims—but many parents are left wondering whether they qualify for any compensation. Understanding the laws surrounding wrongful death claims in the Commonwealth can help provide some clarity during a devastating time.
We answer many of your questions below, including whether parents can receive wrongful death benefits in Massachusetts, how state laws define eligibility, what compensation might be available, and how to take the next steps with trusted legal guidance.
What Is Considered a Wrongful Death in Massachusetts?
In Massachusetts, a wrongful death is defined as a death that results from another party’s negligence, recklessness, or intentional misconduct. Common causes include car accidents, medical errors, unsafe premises, defective products, or acts of violence.
Under Massachusetts General Laws Chapter 229, Section 2, a wrongful death claim is a civil lawsuit filed by the estate of the deceased to recover compensation for the loss. The intent is to hold the at-fault party accountable and provide financial relief to surviving family members.
Who Can File a Wrongful Death Lawsuit?
Massachusetts law requires that a wrongful death claim be filed by the executor or administrator of the deceased person's estate. This individual is usually named in the deceased’s will or appointed by the probate court if no will exists. Though the executor files the lawsuit, the damages recovered go to the deceased’s legal beneficiaries, who may include parents.
When Can Parents Be Eligible for Wrongful Death Benefits?
While spouses and children are often the primary beneficiaries of a wrongful death settlement, parents may also be entitled to compensation in several circumstances:
1. Death of a Minor Child
When a minor child passes away due to another’s negligence, the legal guardians—typically the parents—can be eligible beneficiaries of the wrongful death claim. They may receive compensation for loss of companionship, funeral expenses, and emotional suffering.
2. Death of an Unmarried Adult With No Children
If the deceased was an adult but unmarried and had no children, the parents may be considered next of kin and could receive wrongful death benefits as heirs under Massachusetts intestate succession laws.
3. Close Relationship With the Deceased
Even if the deceased had other heirs, courts may consider the strength of the parent-child relationship when determining how damages are distributed. A strong bond and demonstrated support or involvement may influence the outcome.
What Types of Compensation Can Parents Receive?
Massachusetts law allows for both economic and non-economic damages in wrongful death cases. The type and amount of compensation depend on the specifics of the case, the age and life situation of the deceased, and the financial and emotional losses suffered by the parents.
Economic Damages
- Medical expenses incurred before the death
- Funeral and burial costs
- Loss of the deceased's future financial contributions to the family
Non-Economic Damages
- Loss of companionship and guidance
- Emotional pain and suffering due to the death
Punitive Damages
In cases involving gross negligence or intentional misconduct, Massachusetts allows for punitive damages—a form of financial punishment meant to deter future similar behavior. This is especially relevant in cases involving egregious safety violations or reckless behavior.
How Long Do Parents Have to File a Claim?
The statute of limitations for wrongful death claims in Massachusetts is three years. This clock generally starts from the date of death or the date when the cause of death was reasonably discovered to be linked to negligence or wrongdoing. If this deadline is missed, the right to pursue a wrongful death claim may be lost.
What If the Parents Are Divorced or Estranged?
In some cases, parents may be divorced or have been estranged from the deceased child. Massachusetts courts may consider the nature of the relationship between each parent and the deceased when determining compensation. If both parents are eligible beneficiaries, the court will typically divide any damages awarded in a manner it deems just and equitable.
Why Legal Guidance Matters
Wrongful death claims can be emotionally and legally complex, especially when multiple parties may be entitled to benefits. Navigating probate law, understanding the role of the estate representative, and negotiating with insurance companies are all critical aspects of a successful claim.
An experienced personal injury attorney can assist parents in:
- Establishing legal standing to receive compensation
- Proving liability and demonstrating damages
- Ensuring that the claim is filed within the statute of limitations
- Negotiating a fair settlement or preparing for trial if necessary
Call Brandon J. Broderick For Legal Help
At Brandon J. Broderick, Attorney at Law, we understand the overwhelming pain that comes with losing a child. Our team provides compassionate legal guidance and representation for families seeking justice after a wrongful death.
If you are a parent who has lost a child in Massachusetts due to someone else’s negligence or recklessness, you may have the right to compensation. We are here to help you navigate your legal options with care and clarity.
Contact us today for a free consultation.