Firm founding attorney Robert Hartigan, a seven-time Super Lawyers Rising Star in Massachusetts and Georgia, has obtained multiple seven-figure results for injured clients and their families.

Massachusetts wrongful death law provides that claims inure to the benefit of an estate. In some cases, punitive damages may be possible for gross negligence. As a Boston wrongful death firm, we understand the complicated legal process that exists in wrongful death cases. We advance all litigation costs and provide contingency fee representation.

The death of a family member from another person’s negligence leaves behind not only grief but questions that demand answers under a tight legal deadline. Who has the right to bring the claim? What does Massachusetts law allow a family to recover? Who receives the money, and how is it divided when the deceased left behind a spouse, children, and parents who may all have different legal relationships to the loss? These questions do not resolve themselves, and they are not answered the same way in Massachusetts as they are in other states.

The Massachusetts wrongful death statute defines who may sue, what categories of loss are compensable, how damages are measured, and what role the decedent’s own comparative fault may play. It also imposes a deadline for bringing a wrongful death claim and creates specific procedures involving the estate that affect how the case is managed from beginning to end.

Attorney Hartigan represents surviving family members in wrongful death cases throughout Boston and the greater Massachusetts area, including cases arising from car accidents, truck crashes, construction site fatalities, medical incidents, premises liability events, and other circumstances where another party’s negligence caused the death. He handles these cases with the seriousness they require and the experience the law demands.

To schedule a free consultation with an experienced Boston wrongful death attorney, call (617) 871-9093. This is an opportunity for your family to discuss what happened at no cost or obligation, to get your questions answered, to learn how Massachusetts law determines who may bring the claim and what may be recovered, and to learn about the next steps.

What Is Massachusetts Wrongful Death Law and How Does It Work?

Boston wrongful death matters are governed by M.G.L. c. 229, § 2. The statute creates a cause of action that allows recovery when a person’s death results from another party’s negligence, gross negligence, recklessness, or willful, wanton, or reckless act. The claim belongs to the estate of the deceased person, not directly to the surviving family members. This means that the executor or administrator of the estate is the party who brings the lawsuit, and the recovery is held by the estate and then distributed to beneficiaries under the terms of the statute.

This procedural framework has practical implications. When a person dies without a named executor, one may need to be appointed by a probate court before the wrongful death claim can be filed. When the estate is already in administration for other reasons, the executor handling it will also manage the wrongful death claim. Families that are not familiar with probate procedure may find this aspect of wrongful death litigation confusing, and it is one of the reasons early legal consultation with an experienced Boston wrongful death attorney is particularly important in these cases.

Can Family Members Separately Sue for Emotional Loss in a Wrongful Death Case?

In general, no. Compensation for emotional loss is already covered in the statute by which an estate administrator or personal representative may seek compensation.

There are, however, two narrow exceptions in which a family member may sue.

First a family member may sue if they witnessed the wrongful death. Second, a spouse may sue for loss of consortium if there was significant time between the injury causing the wrongful death and the death itself.

Who Receives the Wrongful Death Recovery in Massachusetts?

Wrongful death recoveries in Massachusetts are distributed according to the shares set out in M.G.L. c. 229, § 1, not according to the decedent’s will. If the deceased left a surviving spouse and no children, the recovery goes to the spouse. If there is a spouse and one child, it is divided one-half to the spouse and one-half to the child. If there is a spouse and more than one child, the spouse receives one-third and the children share two-thirds equally. If there is no surviving spouse, the recovery goes to the next of kin.

When family members disagree about the handling of a Boston wrongful death claim, about settlement decisions, or about how the recovery should be distributed, these disputes can arise within the estate administration. An attorney who represents the estate in the wrongful death action has an obligation to all beneficiaries, and conflicts within the family may require separate legal representation for different interested parties. As an experienced Boston wrongful death lawyer, Attorney Hartigan advises families about this structure from the beginning so that the litigation proceeds with a clear understanding of how decisions will be made and how recovery will flow.

What Can Be Recovered in a Massachusetts Wrongful Death Case?

Massachusetts law recognizes several forms of damages when a person’s death is caused by another party’s negligence or other qualifying conduct. These damages can address both the financial contributions the deceased person would have made and the personal value of the relationships that surviving family members have lost.

The Fair Monetary Value of the Decedent

Under M.G.L. c. 229, § 2, damages may include the fair monetary value of the decedent to the people entitled to recover. The statute expressly allows consideration of reasonably expected net income as well as the loss of services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice.

This means a Boston wrongful death claim is not limited to the income the deceased person would have earned. The loss of a parent’s guidance and care, a spouse’s companionship, or the services and assistance a family member provided can also form part of the damages analysis.

Funeral and Burial Expenses

Section 2 also permits recovery of reasonable funeral and burial expenses resulting from the death.

Conscious Pain and Suffering Before Death

When the deceased person survived for a period after the injury and experienced conscious suffering before death, additional damages may be recoverable under M.G.L. c. 229, § 6. These damages are distinct from the wrongful death damages awarded to the statutory beneficiaries. Any recovery for conscious suffering is held by the executor or administrator as an asset of the decedent’s estate.

Whether conscious suffering can be established depends on the evidence. Medical records, witness observations, the decedent’s statements or responses, and other evidence concerning the period between injury and death may become relevant.

Punitive Damages in Certain Wrongful Death Cases

Massachusetts also permits punitive damages in limited wrongful death cases. Under M.G.L. c. 229, § 2, punitive damages of at least $5,000 may be awarded when the death was caused by the defendant’s malicious, willful, wanton, or reckless conduct or by gross negligence.

Punitive damages are not available in every wrongful death case. They require proof of conduct beyond ordinary negligence and are intended to address the defendant’s particularly serious wrongdoing rather than compensate the family for a specific financial or personal loss.

How Does Massachusetts Measure the Financial Value of a Life?

Calculating the fair monetary value of the deceased person to the family requires forensic economic analysis. A forensic economist evaluates the person’s age at the time of death, their employment history and earning trajectory, the expected duration of their working career, the fringe benefits they received, and the value of services they provided to the household, including childcare, home maintenance, financial management, and other contributions that would cost money to replace.

For a parent of young children, the loss extends far beyond wages: the value of parenting time, educational guidance, and emotional support over the years those children would have depended on them is a recognized and substantial component of the loss.

For younger decedents with long careers ahead of them, the economic analysis projects forward over decades and must account for career advancement, likely income growth, and the compounding value of contributions over time. For older decedents who may have been retired, the analysis focuses on services rendered and the emotional and practical support provided to a spouse or dependent family members. Attorney Hartigan often retains qualified forensic economists to build this analysis for every Boston wrongful death case.

What Happens If the Deceased Person Bore Some Responsibility for the Wrongful Death Accident in Boston?

Massachusetts applies its modified comparative negligence standard under M.G.L. c. 231, § 85 to wrongful death cases. If the deceased person’s own negligence contributed to the circumstances of their death, the wrongful death recovery is reduced by the percentage of fault attributed to the decedent. If the decedent’s fault is found to be greater than fifty percent, the claim is barred entirely.

Defense attorneys in wrongful death cases routinely attempt to assign a portion of fault to the deceased person as a strategy to reduce the verdict or justify a lower settlement. As an example, in a car crash fatality, Common arguments include that the deceased was speeding, failed to observe traffic controls, was not wearing a seatbelt, was distracted, or was in an area where they should not have been. As a Boston wrongful death lawyer with years of legal practice, Attorney Hartigan prepares to counter these arguments through accident reconstruction, witness testimony, and the gathering of physical evidence that accurately describes what happened and who bears responsibility for it.

What Types of Cases Give Rise to Wrongful Death Claims in Boston?

The following describe the most common causes of wrongful death in Boston:

• Motor vehicle accidents are the most frequent source of wrongful death claims in Boston. Fatal crashes on the Southeast Expressway, the Massachusetts Turnpike, Route 128, and the urban streets of Boston proper involve passenger vehicles, commercial trucks, motorcycles, and pedestrians.

Each type of crash involves a different set of potential defendants and a different factual and legal analysis. Truck accident fatalities may involve the trucking company, the driver, a maintenance contractor, and the shipper, in addition to the driver of any other vehicle involved.

• Construction site fatalities generate wrongful death claims that run parallel to the third-party construction accident analysis, with the same range of potential defendants.
• Medical negligence cases result in wrongful death claims when a failure to comply with the applicable standard of care at a Boston hospital or healthcare facility causes a patient’s death.
• Premises liability fatalities, including falls from heights, drowning incidents, and gas or fire events on another party’s property, can give rise to wrongful death claims that combine the negligence standards applicable to that category of injury with the wrongful death statute’s procedural framework.

What Is the Deadline to File a Wrongful Death Lawsuit in Boston, Massachusetts?

The wrongful death statute of limitations in Massachusetts under M.G.L. c. 229, § 2 is three years from the date of death, not the date of the negligent act, or three years from the date the executor or administrator knew, or in the exercise of reasonable diligence should have known, of the factual basis for the claim. In most cases, the death and the negligent act occur on the same day, but in medical negligence cases where a patient’s condition deteriorates and death follows weeks or months after the negligent care was provided, this distinction matters.

The three-year period is strictly enforced. Apart from the statute’s own discovery provision, courts in Massachusetts do not generally extend the wrongful death limitations period for grief, for ongoing criminal proceedings arising from the same event, or for the time it takes to establish an estate administrator. Probate proceedings to appoint an executor, if necessary, should begin immediately after a wrongful death so that the estate can file suit before the limitations period expires. We advise families about the timeline from the first consultation and manage every procedural deadline that bears on the case.

What Does the Boston Wrongful Death Case Process Look Like With Lionhart Injury Law?

A Boston wrongful death case asks a family to deal with legal and financial decisions at a time when their attention should be on each other. As an experienced Boston wrongful death lawyer, Attorney Hartigan takes responsibility for moving the case forward, preserving the evidence, and handling communications with insurers and other parties while keeping the family informed about important developments.

Attorney Hartigan’s representation includes:

• Determining what happened. We obtain and review relevant medical records, police or incident reports, photographs, video, witness information, and other evidence that can help establish how the fatal injury occurred.
• Identifying everyone who may be legally responsible. Some deaths involve more than one potential defendant. Depending on the circumstances, responsibility may extend beyond an individual driver, property owner, or other immediately apparent party to an employer, business, contractor, manufacturer, or government entity.
• Preserving important evidence. Surveillance footage, electronic information, vehicles, equipment, maintenance records, and other evidence can disappear or change over time. When appropriate, we send preservation notices and take other steps to protect evidence that may be important to the case.
• Working with specialists when the case requires it. Accident reconstruction specialists, physicians, engineers, economists, and other professionals may be needed to address how the death occurred, establish liability, or evaluate the losses resulting from it.
• Addressing the estate’s role in the case. Massachusetts generally requires a wrongful death action to be brought by the executor or administrator of the deceased person’s estate. We help the family address estate-related issues that affect the litigation and coordinate with probate counsel when separate estate work is necessary.
• Documenting the family’s losses. A wrongful death claim is not limited to lost income. We develop evidence concerning the services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice the deceased person would reasonably have provided, along with other damages Massachusetts law permits.
• Handling the claim through settlement or litigation. We communicate with insurers and opposing parties, evaluate settlement proposals with the family, and prepare the case for litigation when a fair resolution cannot be reached through negotiation.

The family remains involved in the decisions that matter, but they do not have to manage the investigation, insurance communications, evidence preservation, and litigation process themselves. Throughout the case, we explain what is happening, what comes next, and what decisions require the family’s input.

How Does Attorney Hartigan Help Boston Families After a Wrongful Death?

A wrongful death claim cannot bring back a family member. What it can do is provide the surviving family with the financial foundation to continue, honor the life of the person they lost through the pursuit of accountability, and impose consequences on the parties whose actions caused the death.

Attorney Hartigan handles wrongful death cases on a contingency fee basis, with no fees unless we recover compensation, and Lionhart Injury Law advances all litigation costs.

If you would like to learn more about your legal options, please call (617) 871-9093 for a confidential and free consultation.