When a drunk driving accident takes someone’s life, the devastation reaches far beyond the crash site. Families are left not only to grieve but also to bear the financial and emotional burdens that follow. In Massachusetts, surviving family members may pursue justice through a wrongful death lawsuit—a civil claim that holds the responsible party accountable for their reckless actions.

This article breaks down how these lawsuits work, what families can recover, and how Massachusetts law addresses liability in drunk driving fatality cases.

Understanding Wrongful Death in the Context of Drunk Driving

A wrongful death claim arises when a person dies due to someone else’s negligent or unlawful behavior. Drunk driving falls squarely into that category. Operating under the influence of alcohol is not just a traffic offense—it’s a violation of public safety and a known contributor to fatal crashes.

According to the National Highway Traffic Safety Administration, over 30% of U.S. traffic deaths involve alcohol-impaired drivers. In Massachusetts, alcohol-related crashes consistently claim dozens of lives each year. The law provides a way for surviving relatives to seek compensation and closure through the civil justice system, independent of any criminal prosecution.

Who Can File a Wrongful Death Claim in Massachusetts?

Massachusetts law requires that a wrongful death claim be filed by the executor or administrator of the deceased person’s estate. This person is either named in the will or appointed by the court. Although the executor is the one bringing the claim, the compensation awarded ultimately benefits the deceased’s next of kin, which often includes:

• Spouses
• Children
• Parents (if the deceased had no spouse or children)
• Other relatives, depending on the family structure

The statute of limitations for filing a wrongful death lawsuit in Massachusetts is generally three years from the date of death or from the date the executor knew—or should have known—that the death was wrongful.

Liability in Drunk Driving Fatalities

In wrongful death lawsuits involving alcohol, the intoxicated driver is the most obvious defendant. But in some cases, additional parties may share liability. Massachusetts law recognizes several potential sources of fault:

• The Driver: Clearly, if a driver operated a vehicle while impaired and caused a fatal accident, they can be sued for wrongful death.
• Bar or Restaurant (Dram Shop Law): Under Massachusetts’ Liquor Liability Law, an establishment that serves alcohol to an already intoxicated individual—or to someone under 21—may be held liable if that person goes on to cause a fatal accident.
• Social Hosts: If a private individual provides alcohol at a party and allows an intoxicated guest to drive, they might also face legal consequences under certain conditions.

The presence of multiple liable parties can increase the potential compensation available to the family, depending on each party’s share of fault.

Types of Damages Available

Wrongful death compensation in Massachusetts aims to account for both tangible and intangible losses. Courts may award damages for:

• Lost income and financial support the deceased would have provided
• Medical expenses related to the final injury
• Funeral and burial costs
• Loss of consortium, companionship, and parental guidance
• Pain and suffering endured by the deceased before death
• Punitive damages in cases where the conduct was “willful, wanton, or reckless”—a threshold that is often met in drunk driving cases

While no amount of money can undo the loss, these damages are designed to offer some financial relief and hold the responsible party publicly accountable.

How Criminal Charges Intersect with Wrongful Death Claims

Many drunk drivers face criminal charges, such as vehicular manslaughter or DUI homicide. However, these proceedings are entirely separate from a civil wrongful death case. A criminal conviction can support the civil case but isn’t required to pursue one.

Even if the driver is acquitted in criminal court, the burden of proof in civil lawsuits is lower. The family must show that the defendant was liable by a preponderance of the evidence—not beyond a reasonable doubt. This distinction has allowed families to win civil cases even when prosecutors could not secure a criminal conviction.

The Role of Insurance in Drunk Driving Fatalities

One challenge families often encounter is the insurance coverage limit of the drunk driver. Most personal auto policies have caps, and damages in a wrongful death case often exceed those limits.

However, if a bar or restaurant contributed to the incident, their commercial insurance policies may offer significantly higher coverage. In some cases, families also explore uninsured or underinsured motorist coverage on the deceased’s own policy. These strategies require careful legal analysis and a strong understanding of insurance law.

Why Legal Representation Matters

Wrongful death claims are emotionally complex and legally technical. Gathering evidence of intoxication, identifying all liable parties, calculating future losses, and negotiating with insurers are tasks best handled by experienced attorneys.

An effective legal team can:

• Investigate the crash thoroughly
• Obtain police reports, toxicology results, and witness statements
• Work with financial experts to estimate long-term loss
• Negotiate aggressively with insurers or litigate in court if needed

Moreover, families deserve time and space to grieve without navigating legal hurdles alone.

Preventable Tragedy, Legal Accountability

What makes drunk driving fatalities especially painful is their preventability. These deaths aren’t just accidents—they’re the result of reckless decisions. Massachusetts law provides a path for families to seek justice and drive change by holding offenders accountable in court.

A successful wrongful death lawsuit can serve as a reminder that driving under the influence is never a private mistake—it’s a public threat with lasting consequences.

Conclusion

Losing a loved one to a drunk driver is a trauma no family should have to face. Massachusetts law offers a measure of justice through wrongful death lawsuits, allowing surviving family members to hold the responsible parties accountable. These claims can address not only financial loss but also the deep emotional wounds left behind.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts wrongful death claims can be very challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.