When someone dies because another person or company acted carelessly, the loss is made even harder to accept. In Massachusetts, the law allows families to file a wrongful death lawsuit to hold the responsible party accountable. These civil claims can provide compensation and help surviving family members manage the emotional and financial aftermath of a preventable death.
Below, we explain what counts as wrongful death under Massachusetts law, as well as real-world examples. If you're unsure whether your family’s situation qualifies, learning more about how these cases work can be the first step forward.
What Is Wrongful Death in Massachusetts?
Under Massachusetts General Laws Chapter 229, Section 2, a wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of someone else. The law allows certain survivors to recover damages through a civil lawsuit.
A wrongful death claim can seek compensation for:
- Lost earnings and future income
- Funeral and burial expenses
- Loss of companionship and guidance
- Pain and suffering the person endured before passing
Only the executor or administrator of the deceased’s estate may file the lawsuit, but the damages awarded benefit the surviving family.
Types of Wrongful Death Cases in Massachusetts
Wrongful death lawsuits can arise in many different settings. Some are the result of a single moment of negligence. Others stem from ongoing neglect or systemic problems.
Deadly Car Crashes
Traffic accidents are one of the most frequent causes of wrongful death in Massachusetts. Drivers who speed, drive distracted, or operate a vehicle while under the influence may be liable when someone is killed as a result.
These cases often involve:
- Pedestrians struck in crosswalks
- Drivers killed by someone running a red light
- Fatal crashes caused by road rage or reckless driving
Medical Errors That Lead to Death
Doctors and hospitals are expected to provide safe, competent care. When a healthcare provider makes a serious mistake that leads to a patient’s death, a wrongful death claim may be filed for medical malpractice.
Situations that might qualify include:
- A fatal infection after surgery due to poor hygiene
- A missed diagnosis of a treatable condition
- Administering the wrong medication or dosage
Massachusetts requires testimony from medical experts to support these types of cases.
Fatal Incidents at Work
Some job sites are dangerous, especially in construction or industrial settings. If someone dies while working, the family may receive benefits under workers’ compensation. But in some cases—especially when another company or third-party is involved—a separate wrongful death lawsuit may be allowed.
Common scenarios include:
- A worker hit by a delivery truck on a job site
- Deaths caused by faulty machinery made by another company
- Fatal falls at sites with poor safety enforcement
Unsafe Products
When manufacturers release products that are dangerous or defective, the consequences can be deadly. A wrongful death lawsuit can be filed against the company responsible for designing, producing, or selling the product.
Product liability cases often involve:
- Automotive defects like faulty brakes or airbags
- Medical devices that fail during use
- Household appliances that catch fire
- Children’s toys with choking risks
Neglect in Nursing Homes
Elderly residents rely on nursing homes for safety and care. When staff fail to meet basic standards, and a resident dies as a result, the facility may be liable.
These deaths may result from:
- Untreated infections or injuries
- Medication errors
- Malnutrition or dehydration
- Poor supervision leading to falls
Such nursing home abuse claims are painful but important—they can protect future residents from similar harm.
Wrongful Death from a Criminal Act
If someone is killed due to a criminal act—such as assault, robbery, or drunk driving—the family can file a wrongful death claim in civil court, even if the offender is also facing criminal charges.
A civil case uses a lower burden of proof, meaning a defendant may be found liable even if not convicted in criminal court.
Filing a Wrongful Death Lawsuit in Massachusetts
Only the person managing the deceased’s estate—the executor or administrator—has the legal authority to file the wrongful death lawsuit. This person could’ve been named in the will, or if not, may be appointed by the court.
Damages awarded do not go into the estate. Instead, they are distributed directly to the family or legal beneficiaries.
Time Limits for Filing
Massachusetts sets a deadline of three years from the date of death—or from when the family should have discovered the cause—to file a wrongful death claim. If this deadline passes and you have not filed, you may lose that right altogether.
Starting the process early helps ensure evidence is preserved and deadlines are met.
How a MA Wrongful Death Attorney Can Help
Wrongful death lawsuits are legally complex and emotionally exhausting. A skilled attorney can take on the legal responsibilities so the family can focus on healing. They can also:
- Investigate what happened and who is responsible
- Gather expert opinions and supporting evidence
- Negotiate with insurance companies
- File paperwork and meet court deadlines
- Represent the family at trial, if necessary
Legal support can bring structure and confidence to an otherwise overwhelming time.
Call Brandon J. Broderick For Legal Help
At Brandon J. Broderick, Attorney at Law, we know that no amount of legal action can make up for the loss of a loved one. But we also believe families deserve answers, accountability, and support. Our team has experience handling wrongful death lawsuits throughout Massachusetts and is ready to help you understand your options.
If you’re facing this type of loss, we’re here to talk—no pressure, just answers. Reach out for a free consultation and let us help you move forward.