When a loved one passes due to someone else’s negligence, the emotional toll is overwhelming. But when justice feels incomplete—perhaps because a court decision didn’t seem fair or damages were too low—families may wonder: can you appeal a wrongful death claim in Massachusetts? The answer is yes, but the process is complex, time-sensitive, and requires deep legal understanding.
Understanding Wrongful Death Claims in Massachusetts
Under Massachusetts General Laws Chapter 229 §2, a wrongful death occurs when a person’s negligence, recklessness, or intentional act causes another’s death. The claim must be brought by the executor or administrator of the deceased’s estate, and it aims to compensate surviving family members for their losses.
Recoverable damages can include:
- Loss of companionship, guidance, and support
- Funeral and burial costs
- Lost income or potential earnings
- Conscious pain and suffering before death
The goal of the original wrongful death trial is to reach a just verdict and appropriate compensation. However, not all cases end favorably, and when errors occur during trial, an appeal may be warranted.
When Can a Massachusetts Wrongful Death Case Be Appealed?
Appeals are not second chances to reargue the case simply because one side is dissatisfied with the outcome. They exist to challenge legal or procedural errors that may have unfairly influenced the verdict or judgment.
You may have grounds to appeal if:
- The trial judge misapplied the law or allowed improper evidence.
- Jury instructions were inaccurate or misleading.
- The damage award was clearly excessive or inadequate.
- Evidence was improperly admitted or excluded.
- The verdict was against the weight of the evidence presented.
In practice, an appellate court reviews the record of the trial proceedings—not new evidence—to determine if a reversible error occurred.
The Massachusetts Wrongful Death Appeals Process
Appealing a civil verdict is intricate and highly procedural. Missing deadlines or filing errors can result in dismissal. Here’s what typically happens:
- File a Notice of Appeal – Within 30 days of the trial court’s final judgment, the party seeking appeal must file notice with the clerk.
- Prepare the Record – The appellant compiles transcripts, exhibits, and trial documents for review.
- Submit Appellate Briefs – Both sides present written arguments to the Massachusetts Appeals Court, citing case law and statutory authority.
- Oral Arguments – In some cases, both attorneys appear before the appellate judges to clarify points of law.
- Decision Issued – The appellate court may affirm, reverse, or remand the case back to the lower court for retrial or further proceedings.
The entire process can take months or even years, depending on the court’s caseload and complexity of the issues involved.
Key Differences Between a Trial and an Appeal
Appeals differ fundamentally from the original wrongful death trial. At trial, the focus is on fact-finding—determining who was at fault and the extent of damages. On appeal, the focus shifts to legal interpretation.
Appellate courts will not reweigh evidence or reassess witness credibility. Instead, they assess whether the lower court correctly applied Massachusetts law. If an error of law likely affected the outcome, the appellate judges may order a retrial or adjustment to the judgment.
For example, if a trial judge allowed inadmissible expert testimony that swayed the jury, the appellate court might reverse the verdict or send the case back for reconsideration.
How Massachusetts Law Shapes Wrongful Death Appeals
Massachusetts wrongful death statutes are strict about who can bring and appeal these cases. Only the executor or administrator of the estate may file both the original claim and any subsequent appeal. This ensures consistency in representation for the deceased’s interests and beneficiaries.
Additionally, the Massachusetts Rules of Appellate Procedure govern every aspect of appeal—from formatting briefs to deadlines. Courts require adherence to these rules to prevent dismissals on technical grounds rather than merit.
Because appeals hinge on identifying legal errors, experienced appellate counsel often conduct an in-depth review of transcripts to pinpoint where the trial court may have erred.
Practical Challenges in Appealing a Wrongful Death Case in Massachusetts
Appeals can be emotionally draining and financially demanding. Even with strong grounds, success is not guaranteed. The appellate court gives deference to the trial court’s findings unless there is a clear abuse of discretion or misinterpretation of law.
Families should also be aware:
- Appeals take time, sometimes over a year.
- Costs add up, including transcript preparation, filing fees, and attorney expenses.
- The original judgment may remain enforceable during the appeal unless a stay is granted.
In practice, some families choose to appeal to uphold a loved one’s memory or principle of justice, even if financial recovery is uncertain.
Scenario: When an Appeal Changes the Outcome
Consider this hypothetical case: a Massachusetts family sues a construction company for wrongful death after a fatal site accident. The jury sides with the company, accepting testimony that the worker’s actions caused the accident. On appeal, however, the family’s attorney argues the trial judge improperly excluded OSHA safety records critical to proving negligence.
The appellate court agrees, ruling that the exclusion unfairly limited the jury’s understanding of employer responsibility. The case is remanded for a new trial, allowing the family another opportunity to seek justice.
This scenario shows how appellate review safeguards fairness within the legal system. It also underscores why precise legal strategy is vital when deciding to appeal.
What Happens If You Win the Appeal?
If the appellate court finds in your favor, several outcomes are possible:
- The court may reverse the judgment, awarding a new trial.
- It may modify damages, increasing or decreasing the amount.
- In rare cases, it could enter a new judgment entirely.
If you lose the appeal, you may still petition the Supreme Judicial Court of Massachusetts, the state’s highest court, for further review. However, that court selects only a small number of cases—typically those involving significant legal questions or public interest.
When Is It Worth Appealing a Wrongful Death Case in Massachusetts?
Not every unfavorable outcome should be appealed. Attorneys typically assess the merits by weighing several factors:
- The likelihood of proving a legal error.
- The financial costs versus potential recovery.
- The emotional impact on surviving family members.
- The precedent value if the case raises broader legal issues.
If the original trial included procedural mistakes or the verdict starkly contradicts the evidence, an appeal may be worthwhile. However, pursuing it out of frustration alone can lead to wasted time and resources. A skilled Massachusetts wrongful death attorney can help evaluate whether an appeal aligns with your goals and evidence.
The Role of Experienced Legal Representation
Appellate advocacy requires different skills than trial litigation. While trial lawyers focus on witness examination and persuasion, appellate attorneys emphasize research, written argumentation, and statutory interpretation.
An experienced Massachusetts wrongful death lawyer understands how to:
- Identify and preserve appealable issues.
- Craft compelling appellate briefs.
- Navigate strict procedural requirements.
- Argue effectively before appellate judges.
Families benefit most when working with a firm that has both trial and appellate experience, ensuring consistency and a deep understanding of the case from start to finish.
Why Legal Guidance Matters in Massachusetts Wrongful Death Appeals
Massachusetts appellate courts expect precision and professionalism. A missed deadline or poorly supported argument can cost families the opportunity to overturn an unjust result.
Moreover, appellate decisions sometimes establish legal precedent that shapes how future wrongful death claims are handled statewide. Thus, the right legal representation not only impacts your family’s outcome but can influence broader interpretations of justice and accountability in Massachusetts civil law.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you believe your Massachusetts wrongful death case was mishandled or resulted in an unfair verdict, you have the right to seek a fair review through the appellate process. Brandon J. Broderick, Attorney at Law provides compassionate, strategic representation for grieving families across Massachusetts. Our wrongful death attorneys understand the emotional weight and legal complexity of appealing a case and can help you pursue justice while protecting your family’s interests.
Our team handles every step—from reviewing trial transcripts to preparing appellate briefs—with the dedication your loved one’s memory deserves. Whether your case involves medical malpractice, workplace negligence, or a motor vehicle accident, we fight to ensure accountability and fair compensation under Massachusetts law.