Boston Wrongful Death Attorney
Frequently Asked Questions About a Personal Injury
The person responsible for your loss may face criminal charges, but that does nothing to address the mortgage payments, the college tuition, or the retirement plans that depended on your loved one’s income.
After a fatal accident, our Boston wrongful death lawyers handle the legal complexities while you handle what matters most, your family. We investigate what happened, identify who bears responsibility, and build cases that reflect the true scope of your loss.
Insurance companies often contact families immediately after a death, knowing you’re vulnerable. Our wrongful death attorneys in Boston step in to protect your interests, manage all communications, and fight for compensation that actually reflects what you’ve lost.
You shouldn’t have to become a legal expert during the worst time of your life.
How Our Wrongful Death Lawyers in Boston Help You
When someone you love dies because of another person’s negligence, you face overwhelming grief while dealing with complex legal issues.
At The Law Office of Burns Jain, our attorneys take action from day one:
- Investigate the Fatal Accident: We gather police reports, medical records, and witness statements to build a strong foundation for your case.
- Handle Insurance Companies: We take over all communications with insurers who try to minimize your family’s compensation.
- Navigate Court Systems: We manage filings in both Probate Court and Superior Court to meet all legal deadlines.
- Calculate True Damages: We work with economists and medical experts to determine the full financial impact of your loss.
- Prepare for Trial: We build cases ready for court, which often leads to better settlement offers.
Contact us now for immediate assistance with your wrongful death claim.
What Is Wrongful Death Under Massachusetts Law?
Wrongful death under Massachusetts General Laws Chapter 229, Section 2 occurs when someone dies due to another party’s negligent, reckless, or intentional actions. This civil claim seeks financial compensation for surviving family members, separate from any criminal charges the state might pursue.
The key difference between wrongful death and criminal cases lies in their purpose. Criminal cases punish the wrongdoer through fines or imprisonment.
Wrongful death lawsuits focus solely on providing financial support to families who have lost their loved one’s income, care, and companionship.
Massachusetts wrongful death law covers deaths caused by car accidents, truck accidents, pedestrian accidents, motorcycle accidents, medical malpractice, workplace incidents, defective products, and premises liability accidents, and more.
The law recognizes that families suffer both emotional and financial hardships when negligence takes a life.
Who Can File a Wrongful Death Claim in Massachusetts?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in Massachusetts. The personal representative, also called an executor or administrator, must be formally appointed by the Probate and Family Court before filing any legal action.
If your loved one had a will, it typically names an executor. When no will exists, the court appoints an administrator, usually the surviving spouse or adult child. This appointment process can take several weeks, so starting early protects your family’s rights.
The personal representative files the lawsuit on behalf of all beneficiaries. These beneficiaries include the surviving spouse, children, parents, and sometimes siblings or other relatives who depended on the deceased. Our Boston wrongful death attorneys can guide you through the appointment process while building your case.
What Damages Are Available to Families in Massachusetts
Massachusetts wrongful death law allows families to recover compensation for multiple types of losses. The court considers both financial and emotional impacts when determining appropriate damages.
Economic damages include your loved one’s lost future earnings, benefits, and the value of services they provided to the household. Courts calculate these amounts based on the deceased person’s age, health, earning capacity, and life expectancy.
Non-economic damages cover the loss of companionship, guidance, comfort, and protection your loved one provided. These damages recognize that family relationships have value beyond money.
Additional recoverable damages include:
- Funeral and Burial Expenses: All reasonable costs for memorial services and interment.
- Medical Bills: Treatment costs incurred before death.
- Pain and Suffering: If your loved one experienced conscious pain before dying.
- Punitive Damages: Available when death resulted from malicious, willful, or reckless conduct, with a minimum award of $5,000.
Our wrongful death lawyers Boston work with financial experts to ensure we seek maximum compensation for your family’s losses.
What Is the Difference Between Wrongful Death and a Survival Action
A survival action is a separate legal claim that can be filed alongside a wrongful death lawsuit. While wrongful death compensates surviving family members for their losses, a survival action seeks damages for what the deceased person experienced before dying.
Survival actions recover compensation for the deceased person’s conscious pain and suffering from the time of injury until death, particularly in cases involving brain and spinal cord injuries. These damages belong to the estate and are distributed according to the will or state inheritance laws.
|
Claim Type |
Purpose |
Beneficiaries |
Damages |
|
Wrongful Death |
Compensates family losses |
Spouse, children, parents |
Lost income, companionship, funeral costs |
|
Survival Action |
Compensates deceased’s suffering |
Estate beneficiaries |
Pain, suffering, medical bills |
Both claims require proof that negligence caused the death. A Massachusetts wrongful death attorney can pursue both actions to maximize your family’s recovery.
What if the Insurer Blames Your Loved One?
Insurance companies routinely try to reduce payouts by claiming the deceased person caused or contributed to their own death. Massachusetts follows a modified comparative negligence rule, which means your family can still recover damages if your loved one was less than 51% at fault.
If the court finds your loved one partially responsible, your compensation will be reduced by their percentage of fault; for example, if your loved one was 20% at fault in a car accident, a $1 million award would be reduced to $800,000.
Insurance adjusters often misrepresent facts or take statements out of context to shift blame. They might claim your loved one was speeding, not wearing a seatbelt, or ignoring safety rules. These tactics require immediate response from experienced legal counsel.
Our personal injury lawyers in Boston counter these strategies by:
- Preserving Evidence: We secure accident scene photos, vehicle data, and witness statements before they disappear.
- Hiring Experts: Accident reconstruction specialists can prove what really happened.
- Challenging False Claims: We investigate every allegation and present evidence that contradicts insurance company theories.
Don’t let insurers minimize your claim, contact us for a free case review.
How Long Do You Have to File in Massachusetts?
Massachusetts law gives you three years from the date of death to file a wrongful death lawsuit. This deadline, called the statute of limitations, is strict. Missing it means your family loses the right to seek compensation forever.
Some exceptions may extend this deadline. If you didn’t immediately know that negligence caused the death, the three-year period might start when you reasonably should have discovered the malpractice. However, these exceptions are rare and require strong legal arguments.
Acting quickly protects your case in several ways:
- Evidence Preservation: Physical evidence disappears, and witnesses’ memories fade over time.
- Medical Records: Hospitals and doctors may destroy records after certain periods.
- Expert Availability: The best experts often have busy schedules and need advance notice.
Who Can Be Held Responsible for a Wrongful Death
Multiple parties may share responsibility for your loved one’s death. Identifying all negligent parties is crucial because it increases the total compensation available to your family.
Potentially liable parties include:
- Individual Defendants: Drunk drivers, negligent doctors, or property owners who failed to maintain safe conditions.
- Employers: Companies whose employees caused deaths while working, or businesses that violated safety regulations.
- Product Manufacturers: Companies that made defective vehicles, medical devices, or other dangerous products.
- Government Entities: Municipalities responsible for dangerous road conditions or inadequate emergency response.
- Insurance Companies: Insurers who wrongfully deny claims or delay treatment approvals in bad faith.
Our investigation often reveals liability that wasn’t obvious initially. For example, a car accident might involve a drunk driver, a bar that overserved them, and a car manufacturer whose defective brakes contributed to the crash.
As your wrongful death attorney Boston MA, we conduct thorough investigations to identify every responsible party and their insurance coverage.
Does a Medical Malpractice Tribunal Apply to Your Case?
If medical negligence caused your loved one’s death, Massachusetts law requires your case to go through a medical malpractice tribunal before filing a lawsuit. This tribunal consists of a judge, doctor, and attorney who review whether your claim has merit.
The tribunal process is designed to screen out frivolous medical malpractice claims. However, it adds time and complexity to your case. You must present evidence and expert testimony to prove that medical negligence more likely than not caused the death.
If the tribunal finds your case has merit, you can proceed to court. If they rule against you, you can still file a lawsuit but must post a bond to cover the defendant’s legal costs if you lose at trial.
Our Massachusetts wrongful death lawyer has extensive experience with medical malpractice tribunals. We prepare detailed presentations that convince tribunals to approve legitimate claims while building the foundation for successful lawsuits.
Do You Need a Personal Representative to File Suit?
Massachusetts law requires a court-appointed personal representative to file wrongful death lawsuits. You cannot file these claims as an individual family member, even if you are the spouse or child of the deceased.
The personal representative appointment process involves filing a petition with the Probate and Family Court in the county where your loved one lived. The court will schedule a hearing and, if everything is in order, issue formal appointment papers.
This process can take some time and may be longer if there are disputes among family members or complex estate issues. The timing matters because you need the appointment before you can file your wrongful death lawsuit.
Our Boston wrongful death attorneys coordinate between Probate Court and Superior Court to ensure all deadlines are met. We help families navigate both court systems efficiently while building the strongest possible case.
What Are the First Steps to Protect Your Family’s Rights
Taking immediate action after a wrongful death protects evidence and preserves your legal options. The first few weeks are critical for building a strong case.
Step 1: Preserve Evidence and Records
Gather all available documentation related to the death. This includes police reports, medical records, employment documents, and any photos or videos from the incident. Ask witnesses for their contact information and written statements about what they saw.
Step 2: Open the Estate and Appoint a Personal Representative
File the necessary paperwork with Probate Court to begin the estate administration process. This formal appointment gives you legal authority to pursue wrongful death claims and access important records.
Step 3: Call Before Speaking With Insurers
Insurance companies often contact families immediately after deaths to gather information. These conversations can hurt your case if you’re not prepared. Let experienced attorneys handle all insurance communications to protect your interests.
Step 4: We Investigate, Value Damages, and File on Time
Our legal team begins investigating immediately while you focus on family matters. We gather evidence, interview witnesses, consult experts, and calculate damages to build the strongest possible case within legal deadlines.
What Types of Wrongful Death Cases Do We Handle
The Law Office of Burns Jain represents families in all types of wrongful death cases throughout Massachusetts. Our experience covers the most common causes of preventable deaths:
- Motor Vehicle Accidents: Car crashes, truck accidents, motorcycle collisions, and pedestrian fatalities caused by negligent drivers.
- Medical Malpractice: Deaths resulting from surgical errors, misdiagnosis, medication mistakes, or failure to provide proper treatment.
- Workplace Accidents: Construction site deaths, industrial accidents, and other work-related fatalities caused by safety violations.
- Premises Liability: Deaths on dangerous property due to inadequate security, slip and falls, or structural defects.
- Product Liability: Fatalities caused by defective vehicles, medical devices, pharmaceuticals, or consumer products.
- Nursing Home Neglect: Deaths in long-term care facilities due to inadequate supervision, medication errors, or abuse.
Why Hire The Law Office of Burns Jain
Choosing the right wrongful death lawyer can make the difference between a fair settlement and financial hardship for your family. The Law Office of Burns Jain brings unique advantages to every case we handle.
Our firm represents families affected by wrongful death from our office at 6 Beacon Street in Boston. Attorney Neil Burns and Attorney Roshan Jain combine decades of trial experience with deep knowledge of Massachusetts wrongful death law.
What sets us apart:
- Trial-Ready Preparation: We prepare every case for trial, which leads to better settlement offers from insurance companies who know we won’t back down.
- Direct Partner Access: You work directly with experienced attorneys, not paralegals or junior associates.
- Legal Malpractice Expertise: If a previous attorney mishandled your family’s case, we have unique experience holding negligent lawyers accountable.
- Personalized Attention: We limit our caseload to provide individual attention to every family we represent.
As a dedicated Boston wrongful death law firm, we understand the emotional and financial challenges your family faces. We fight tirelessly to secure the compensation you need to rebuild your lives.
Wrongful Death in Massachusetts: Frequently Asked Questions
How Do Contingency Fees Work in a Wrongful Death Case?
Our firm works on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. If we win your case by settlement or trial, our fee is a percentage of the recovery, typically between 33% and 40%.
Can We File a Civil Case if There Is a Criminal Case or No Charges?
Yes, wrongful death lawsuits are completely separate from criminal proceedings. You can pursue a civil claim even if criminal charges were never filed or if the defendant was acquitted in criminal court, because civil cases require a lower burden of proof.
How Are Wrongful Death Settlements Distributed in Massachusetts?
The Probate and Family Court oversees distribution of wrongful death settlements according to Massachusetts intestacy laws or the deceased person’s will. Funds typically go to the surviving spouse and children first, then to parents if there is no spouse or children.
How Long Do Cases Usually Take in Suffolk Superior Court?
Wrongful death cases can take many months to resolve, and complex matters involving multiple defendants or extensive damages often require even more time. Cases that go to trial typically take two to three years from filing to verdict.
What If a Prior Lawyer Missed the Deadline or Mishandled Our Case?
If a previous attorney’s negligence harmed your wrongful death claim, you may have grounds for a legal malpractice lawsuit against that lawyer. Our firm has extensive experience pursuing these complex claims to recover the compensation your family should have received.
Do We Need to Open an Estate Before We Call a Lawyer?
No, contact us first. We can guide you through the estate administration process as part of our comprehensive legal services. Starting with experienced legal counsel ensures you take the right steps in the proper order to protect your family’s interests.
Contact The Law Office of Burns Jain for a Free Consultation
Losing someone you love to preventable negligence is devastating. While no amount of money can bring back your loved one, a successful wrongful death claim can provide the financial security your family needs during this difficult time.
The Law Office of Burns Jain has helped Massachusetts families recover millions of dollars in wrongful death settlements and verdicts. Located at 6 Beacon Street in the heart of Boston, we are easily accessible to families throughout Greater Boston and all of Massachusetts.
We understand that every family’s situation is unique. During your free consultation, we will listen to your story, explain your legal options, and outline a clear plan for pursuing justice. You will never pay attorney fees unless we successfully recover compensation for your family.
Your family deserves experienced, compassionate legal representation during this challenging time from attorneys with extensive personal injury experience.
Complete our confidential contact form to schedule your free consultation with a dedicated Massachusetts wrongful death lawyer. We are here to fight for the justice and financial security your family deserves.