Massachusetts Wrongful Death Lawyer

In most cases, you have three years from the date of death to file a wrongful death lawsuit in Massachusetts. There are exceptions for cases involving minors, government entities, and certain discovery-rule situations. Contact an attorney as soon as possible to ensure all deadlines are met and evidence is preserved.

Yes. A civil wrongful death lawsuit and a criminal prosecution are entirely separate proceedings. A civil case can proceed even if criminal charges are not filed or if the defendant is acquitted. The standard of proof in a civil case is lower, and a verdict in the criminal case can actually support your civil claim.

A wrongful death claim compensates surviving family members for their own losses — lost financial support, companionship, and services. A survival claim, brought on behalf of the deceased’s estate, seeks compensation for what the deceased suffered before death — including pain and suffering, medical expenses, and lost wages prior to death. Both claims are often pursued simultaneously.

Massachusetts comparative negligence law allows recovery even if the deceased was partially at fault, as long as they were not more than 50% responsible. The damages recoverable would be reduced by their percentage of fault. This requires careful investigation and legal strategy, which our attorneys provide.

Under Massachusetts law, the damages recovered in a wrongful death case are distributed to the surviving beneficiaries — typically the spouse, children, or parents of the deceased — as determined by the court based on each beneficiary’s relationship to and dependency on the deceased. Our attorneys guide families through this process.

Wrongful death cases vary widely in length. Some cases with clear liability settle within one to two years. Cases involving disputed facts, multiple defendants, or significant damages may take three or more years if they proceed to trial. We keep you informed at every stage and work to achieve the best outcome as efficiently as possible.

Even if the at-fault party has limited insurance or assets, there may be other avenues of recovery — including claims against multiple responsible parties, uninsured or underinsured motorist coverage, employer liability, or product liability against manufacturers. Our attorneys investigate all potential sources of recovery in every case.

You are not required to have an attorney, but wrongful death cases involve complex legal and evidentiary issues that are difficult to navigate without legal representation. Insurers and defense attorneys will be working against your interests from day one. Larson Law handles everything on a contingency basis — no fees unless we recover for your family.