The sudden loss of a loved one can shatter a family’s sense of security—both emotionally and financially. Beyond the grief and unanswered questions, many families are left struggling with mounting bills, lost income, and the harsh reality of an uncertain future. In Massachusetts, the law recognizes that financial losses matter, too. That’s why wrongful death claims allow families to recover economic damages—compensation meant to restore the measurable financial impact of a wrongful death. Understanding what counts as “economic” in legal terms is key to ensuring that your family receives the full compensation you deserve.
Understanding Wrongful Death Under Massachusetts Law
Under Massachusetts General Laws Chapter 229, §2, a wrongful death claim can be filed when a person’s death is caused by another’s negligent, reckless, or intentional act. This may include a car accident, medical malpractice, unsafe workplace, defective product, or even a criminal act.
The law allows a personal representative of the deceased’s estate to file the claim on behalf of surviving family members. The damages awarded are intended to benefit those financially dependent on the victim, such as spouses, children, or next of kin. Importantly, the court distinguishes between two main categories of compensation: economic and non-economic damages. While the latter deals with grief and emotional loss, economic damages focus on tangible financial harm—those losses that can be quantified in dollars.
What Are Economic Damages in a Massachusetts Wrongful Death Claim?
Economic damages compensate families for the measurable financial contributions the deceased would have provided had their life not been cut short. In practice, these losses cover both past and future financial impacts resulting from the death.
Common forms of economic damages include:
- Lost wages and income the victim would have earned.
- Loss of benefits, including health insurance, pension contributions, or retirement savings.
- Medical expenses incurred prior to death as a result of the injury.
- Funeral and burial costs.
- Loss of household services, such as childcare, home maintenance, or caregiving for elderly relatives.
Each of these categories can carry significant financial weight. For example, the loss of a working parent in their 40s could mean decades of lost wages and benefits, while a stay-at-home parent’s contributions—though not traditionally “paid”—may still hold high economic value when measured by the cost of replacement services.
How Economic Damages Are Calculated in Massachusetts
Unlike emotional damages, which rely heavily on jury interpretation, economic damages must be supported by evidence, documentation, and expert testimony. Massachusetts courts generally use a three-step process to calculate them:
- Establishing the decedent’s expected lifetime earnings. This involves reviewing income history, employment trajectory, and industry averages.
- Adjusting for life expectancy and inflation. Actuaries and economists project how long the deceased might have worked and earned, factoring in potential raises or promotions.
- Discounting to present value. Since damages are awarded as a lump sum, courts apply a discount rate to reflect the value of receiving that money today rather than over future years.
These calculations can be complex, requiring input from forensic accountants, economists, and vocational experts to ensure an accurate reflection of the loss.
Proving Economic Damages in Massachusetts Courts
A successful wrongful death claim hinges on thorough documentation and compelling evidence. Families or their attorneys must collect proof that demonstrates the financial impact of the death. This often includes:
- Pay stubs, tax returns, or employment contracts.
- Medical bills and insurance records showing treatment prior to death.
- Invoices for funeral, burial, or memorial expenses.
- Expert testimony regarding the victim’s potential career growth or income trajectory.
- Documentation of household contributions—such as home care or transportation—that carried measurable value.
Without such evidence, insurers or defense attorneys may attempt to minimize the award by claiming the losses are speculative. That’s why experienced legal representation is critical from the outset.
Wrongful Death Claims and Economic Damages: The Role of Insurance
In many Massachusetts wrongful death cases, insurance coverage—from auto, medical malpractice, or general liability policies—determines how and when compensation is paid. Insurers often dispute the projected amount of lost earnings or argue that certain expenses are unrelated to the wrongful act.
In practice, this means negotiations can be lengthy and require deep understanding of both tort law and insurance contract interpretation. Skilled wrongful death attorneys in Massachusetts know how to challenge insurer calculations and use expert reports to establish the true scope of economic harm.
Statutory Limits and Punitive Damages
While economic damages aim to compensate for measurable losses, punitive damages—which punish especially egregious conduct—may also be available under Massachusetts General Laws Chapter 229, §2 if the defendant’s conduct was malicious, willful, wanton, or reckless.
However, Massachusetts does not cap economic damages in wrongful death cases. This means families can pursue the full amount of their financial loss without arbitrary limits, ensuring that future needs—like college tuition for children or mortgage payments—are fully accounted for.
Scenarios Illustrating Economic Damages in Massachusetts
Consider these real-world examples that illustrate how courts may assess economic damages:
Scenario 1: Loss of a Primary Breadwinner
A 38-year-old construction foreman earning $85,000 annually dies in a worksite accident caused by negligent equipment maintenance. Economists project 27 years of lost income and benefits totaling over $2 million. The court also awards compensation for lost household services, recognizing the victim’s role in supporting a family of four.
Scenario 2: Death Following Medical Malpractice
A nurse in Boston dies from surgical complications later linked to medical negligence. Although she was not the household’s primary earner, the family recovers significant damages for lost income, hospital bills, and loss of retirement contributions.
Scenario 3: Elderly Victim with Dependents
An elderly grandparent helping to raise grandchildren is killed in a pedestrian collision. While wage loss is minimal, the court still awards economic damages for the replacement value of childcare and household tasks that would now require paid assistance.
In each of these cases, detailed economic evidence—paired with compassionate legal representation—proved essential to achieving fair outcomes.
Why Accurate Valuation Matters
Underestimating economic damages can have long-term consequences. Once a wrongful death case settles or reaches judgment, families generally cannot reopen the claim to request additional compensation later. For this reason, attorneys often partner with financial experts early in the process to create a comprehensive valuation that accounts for every possible future cost.
This forward-looking approach helps ensure that settlements reflect not just immediate needs but also ongoing expenses—such as mortgage payments, education, or medical care for surviving dependents.
The Emotional Weight Behind Economic Loss
Although economic damages focus on dollars and data, they represent something much deeper—the value of a loved one’s role in daily life. When a Massachusetts family loses a spouse, parent, or child, the financial strain is inseparable from emotional pain. Compensation cannot bring a loved one back, but it can help families regain stability, cover essential costs, and preserve their quality of life as they rebuild.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Losing a loved one to negligence is devastating, and understanding Massachusetts wrongful death law can feel overwhelming when you’re grieving. Whether your family is coping with a fatal car accident, workplace tragedy, or medical mistake, the experienced wrongful death attorneys at Brandon J. Broderick, Attorney at Law can help.
We work closely with economists, investigators, and experts to ensure every dollar of economic damages—from lost income to household services—is documented and recovered. Families across Massachusetts turn to us for compassionate representation and powerful advocacy in their pursuit of justice.