Losing a family member is devastating. When that loss happens because someone else was careless, reckless, or negligent, you have the right to hold them accountable. Larson Law represents grieving families across Massachusetts in wrongful death claims. You pay nothing unless we win.
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When a family member dies because of another person’s careless or reckless actions, the pain is compounded by financial stress, unanswered questions, and pressure from insurance companies who move fast to protect themselves. A Massachusetts wrongful death lawyer can step in, handle the legal process, and make sure your family is not left to deal with the fallout alone. At Larson Law Boston, we represent families across the state who have lost someone to a preventable accident. We listen carefully, investigate what happened, and fight to hold the responsible party accountable.
Wrongful death claims in Massachusetts have specific legal requirements that are different from standard personal injury cases. The law sets out who can file, what compensation can be pursued, and how long you have to act. Getting the right legal guidance early can protect your family’s rights and give your case the best possible foundation. There are no upfront costs, and you will not owe us anything unless we recover compensation for your family.
A wrongful death can result from many different types of accidents and negligent acts. Under Massachusetts General Laws Chapter 229, a wrongful death occurs when someone’s death is caused by the willful, wanton, reckless, or negligent actions of another person or entity. Here are the most common situations we handle.
Massachusetts wrongful death law works differently from most states, and this catches many families off guard. Under Massachusetts General Laws Chapter 229, a wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. It cannot be filed directly by a family member, even a spouse or parent.
If your loved one had a will, the executor named in that will is typically the one who files the claim. If there was no will, or no executor has been appointed, the court can appoint an administrator for the estate. This probate process and the wrongful death lawsuit can move forward at the same time. We work to get the right person appointed quickly so nothing is delayed.
While the executor files the claim, the compensation recovered goes to the beneficiaries of the estate. Under Massachusetts law, those beneficiaries typically include:
If you are not sure whether you qualify or who in your family should be filing, a free consultation can help clarify that quickly. The legal structure should not stop you from finding out what your family is entitled to.
Wrongful death damages in Massachusetts are meant to compensate the family for everything the loss has cost them, both financially and personally. Here are the main categories of compensation we pursue.
Beyond these four categories, Massachusetts law also allows punitive damages when the responsible party’s conduct was especially reckless or intentional. We look at every available form of compensation so your family’s claim reflects the true cost of this loss.
Fill in the form or call us directly. You do not need to have all the details sorted. Share what you know about how your loved one died and we will take it from there.
An attorney will go over the circumstances with you, explain your family's options, and let you know what a wrongful death claim in Massachusetts could look like. No pressure, no cost for this review.
If you decide to move forward, we manage the investigation, the paperwork, the insurance companies, and the estate coordination. You focus on your family while we handle the case.
You should not have to navigate the legal system while your family is grieving. Tell us what happened and we will explain your options clearly, including who needs to file, what your family may be entitled to, and what steps to take before evidence disappears. Our team handles wrongful death cases across Massachusetts and knows how these claims are built.
Browse our practice areas to see the types of injury cases we handle across Massachusetts. For broader personal injury representation, visit our Boston personal injury lawyer page.
A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s or entity’s negligent, reckless, or intentional actions. It is separate from any criminal case that might be brought by the state. The goal is not a prison sentence but financial compensation for the family. In Massachusetts, wrongful death claims are governed by Massachusetts General Laws Chapter 229, which outlines who can file, what damages are available, and how long families have to act. If your loved one could have filed a personal injury claim had they survived, the estate likely has grounds for a wrongful death claim.
This is one of the most important things to understand about Massachusetts wrongful death law. Unlike many other states, Massachusetts requires the executor or administrator of the deceased person’s estate to file the lawsuit. A spouse, child, or parent cannot file directly on their own. If your loved one had a will, the named executor typically handles this. If there was no will, or no executor has been named, we can help get an administrator appointed through probate court so the case can move forward without delay. The compensation recovered is then distributed to the family members who qualify as beneficiaries under the law.
Massachusetts allows families to recover several types of damages. Lost financial support covers the income and benefits your loved one would have provided over their lifetime. Loss of companionship, guidance, and care addresses the personal impact the death has had on close family members. Funeral and burial expenses are recoverable as a direct cost tied to the death. If your loved one suffered between the time of the injury and the time of death, the estate may also claim compensation for that pain and suffering. In cases where the responsible party’s conduct was especially reckless or intentional, punitive damages may also apply. Your attorney will assess every category to make sure nothing is left out.
In Massachusetts, families generally have three years from the date of death to file a wrongful death lawsuit. This deadline is set by the statute of limitations. Missing it means losing the right to any compensation, with very limited exceptions. While three years may sound like enough time, starting early matters. Key evidence like accident reports, surveillance footage, medical records, and witness accounts can disappear quickly. The sooner you speak with a lawyer, the better position your case will be in.
A wrongful death civil lawsuit and a criminal case can both proceed at the same time. They are separate legal actions with different goals. The criminal case is brought by the state and seeks punishment. The civil wrongful death claim is brought by the estate and seeks financial compensation for the family. A criminal conviction can support your civil case, but it is not required. Even if the driver is not convicted criminally, your family may still recover in a civil wrongful death claim. Massachusetts law also allows for punitive damages in cases involving especially reckless conduct, such as drunk driving.
Yes, in most cases. Massachusetts follows a modified comparative fault rule. If the deceased was partly responsible for the incident that caused their death, the family can still pursue compensation as long as the deceased was not more than 50% at fault. The total damages are reduced by the deceased’s percentage of fault. For example, if your loved one was found 20% responsible and damages total $500,000, the recovery would be $400,000. Insurance companies often try to assign more blame to the deceased to reduce what they pay out. A lawyer helps push back on that.
The two processes are connected but separate. Probate handles the distribution of the deceased’s estate and the appointment of an executor or administrator. The wrongful death lawsuit is a civil claim filed in civil court. Both can and often do run at the same time. If probate has not been opened yet, we can help coordinate getting an administrator appointed quickly so the wrongful death case is not held up. Our team handles this coordination so your family does not have to navigate both systems at once.
There is no fixed amount. The value of a wrongful death case depends on many factors, including the age and earning potential of the deceased, the number and ages of dependents left behind, the strength of the evidence showing the other party was at fault, and the insurance coverage available. A young parent who supported a family will typically have a much larger claim than an older person with no dependents, though every situation is different. The best way to get a realistic picture of what your case may be worth is to speak with a lawyer who can review the full picture.
Start by getting certified copies of the death certificate and any police or medical examiner reports. If the death involved a vehicle, premises, or a product, try to preserve any physical evidence before it is repaired, cleaned up, or disposed of. Take photos if you can. Write down everything you remember about what happened and when. Do not sign any documents, releases, or settlement offers from an insurance company before speaking with a lawyer. Insurance companies sometimes reach out to families quickly after a death and offer money that may seem helpful but falls far short of what the family is actually owed.
Yes. Insurance companies that reach out quickly after a fatal accident are typically trying to settle the claim for as little as possible, before the family has had time to understand the full scope of what they are owed. Accepting an early offer and signing a release ends your family’s ability to claim anything more, even if it later becomes clear the settlement was far too low. A lawyer can review any offer, tell you whether it is fair, and negotiate for what your family actually deserves. You owe nothing for that review.
Most wrongful death cases take between one and three years to resolve. Cases with clear liability and straightforward damages can sometimes settle more quickly. Cases involving disputed fault, multiple defendants, or complex financial calculations, such as projecting a lifetime of lost income, tend to take longer. Waiting for a full picture of all costs and losses before settling is important. Settling too early can lock your family into an amount that does not cover everything. Your lawyer handles the timeline and deadlines so nothing falls through the cracks.
Yes. Larson Law represents families in wrongful death cases across Massachusetts, not just in Boston. Whether the death occurred in Worcester, Springfield, Lowell, Brockton, Quincy, New Bedford, or anywhere else in the state, we can help. We understand how wrongful death claims work across Massachusetts courts and how to coordinate with local probate courts where needed. If meeting in person is not possible right away, we work around your situation. Reach out by phone, text, or through the form on this page to start with a free consultation at no cost to your family.
