Losing a loved one because of someone else’s carelessness or error is one of the most devastating experiences a family can go through. In Massachusetts, when a death results from another party’s negligence—whether in a car crash, on a construction site, or due to medical malpractice—the law allows surviving family members to pursue a wrongful death claim.

Understanding Negligence

At its core, negligence means that someone failed to act with reasonable care under the circumstances. In a wrongful death case, that failure must be shown to have directly caused or hastened the fatal injury. To prove negligence, the plaintiff must establish four key elements:

  1. Duty of Care
    The defendant owed a legal duty to the deceased. For example, drivers have a duty to operate their vehicles safely and obey traffic laws. Doctors have a duty to provide treatment consistent with accepted medical standards. Property owners have a duty to maintain safe premises.
  2. Breach of Duty
    The defendant breached that duty through an act or omission. This could include distracted driving, failure to diagnose a serious condition, or not correcting a known hazard on a property.
  3. Causation
    It is not enough to show that the defendant acted carelessly—you must prove that their negligence caused or was one of several causes of the death. This often involves expert testimony, accident reconstruction, or medical analysis to establish the link between the conduct and the fatal outcome.
  4. Damages
    Finally, you must demonstrate that the death led to measurable harm—both economic and emotional. In Massachusetts, wrongful death damages can include loss of income, funeral expenses, loss of companionship, and in some cases, punitive damages if the conduct was particularly reckless or willful. Damages in wrongful death cases typically focus on the loss of the relationship between the survivors and the deceased.

Why Experience Matters

wrongful deathMassachusetts wrongful death law is governed by M.G.L. c. 229, §2, which allows the executor or administrator of the deceased’s estate to bring a claim on behalf of the surviving family members. This law outlines who can file, what damages can be recovered, and under what circumstances the claim can proceed.

Understanding and applying this statute correctly requires experience, because wrongful death cases often involve more than just proving fault – they require navigating procedural rules and complex damages. Key considerations include:

  • Identifying the proper party to bring the claim – Only the estate’s personal representative may file the lawsuit, and that person must be formally appointed by the Probate and Family Court.
  • Meeting strict deadlines – The statute of limitations is generally three years from the date of death or from when the negligence was discovered or should reasonably have been discovered. Missing this deadline can permanently bar recovery.
  • Proving complex damages – Compensation may include lost income and benefits, funeral costs, loss of companionship, and sometimes punitive damages if the defendant’s conduct was willful, wanton, or reckless. Calculating these damages accurately often requires economic experts and careful documentation.
  • Navigating comparative negligence issues – In Massachusetts, if the deceased is found to have been partially at fault, the total recovery can be reduced—or denied entirely if the deceased’s fault exceeds 50%. Understanding how to counter these arguments is critical.
  • Coordinating with multiple defendants and insurers – Wrongful death cases frequently involve several responsible parties, such as individuals, companies, or institutions. Determining who is legally liable and how to pursue each claim can be strategically complex.

An attorney with experience in wrongful death litigation knows how to anticipate these challenges, develop the evidentiary record, and build a case that fully reflects the extent of the family’s loss. From the first investigation to potential trial, every detail matters—because the outcome affects not only financial stability, but also accountability and closure for those left behind.

SUGARMAN’s attorneys have been representing victims and families in Massachusetts wrongful death cases for over six decades. Our team is dedicated to uncovering the truth, building strong cases, and fighting for justice on behalf of those who can no longer speak for themselves. If you would like to speak to one of our attorneys about a potential matter, call 617-542-1000, email or fill out our contact form.