Wrongful Death Claim in Massachusetts: A Path Forward

When a loved one is taken from you in a sudden car accident, the pain is indescribable. Along with the emotional toll, families often face unexpected financial pressures and a long list of unanswered questions. In Massachusetts, the law gives families a legal path to seek justice when someone’s negligence causes a tragic loss — it’s called a wrongful death claim.

While no legal process can undo what happened, a wrongful death claim can bring accountability and provide the financial support your family needs to move forward. At Bottaro Injury Lawyers, we represent families throughout Massachusetts navigating these deeply personal and complex cases. 

Who Can Pursue a Wrongful Death Claim in Massachusetts?

Massachusetts law allows the executor or administrator of the deceased person’s estate to pursue a wrongful death lawsuit when someone else’s negligence causes a fatal accident. This person is often named in the will or appointed by the court and is responsible for managing the deceased’s assets and distributing the remaining assets to the beneficiaries.

Although the personal representative files the lawsuit, any compensation recovered benefits the deceased person’s surviving family members. If you’re unsure whether you’re eligible to recover compensation, a wrongful death attorney can review your situation and explain your legal rights.

Common Causes of Fatal Car Accidents Leading to a Wrongful Death Claim

A wrongful death claim in Massachusetts can arise from any fatal car crash involving negligence. Some of the most common causes include:

• Drunk or impaired driving
• Distracted driving, such as texting or using a phone behind the wheel
• Speeding or reckless driving
• Running red lights or stop signs
• Driver fatigue or falling asleep at the wheel
• Vehicle defects or poor road conditions

Regardless of the cause, if another person or company’s actions contributed to the crash, your family may have a valid claim under Massachusetts General Laws Chapter 229, Section 2.

What Recovery Can a Wrongful Death Claim Provide?

Losing someone you love is an unimaginable heartache that no amount of compensation can ever truly heal. Yet, while a wrongful death claim can’t bring your loved one back, it can provide some financial relief during a profoundly difficult time. In Massachusetts, a successful wrongful death claim may help families recover necessary costs that arise after such a tragic loss.

Financial Losses:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Loss of income or financial support the deceased would have provided
• Loss of household services, such as childcare or home maintenance

Emotional and Personal Losses:

• Loss of companionship, love, guidance, and care
• Emotional suffering and mental anguish of the surviving family members

Punitive Damages:

In cases where someone shows extreme carelessness or deliberately does something wrong, like in a serious drunk driving accident, a court may award extra money to ensure the responsible person faces the consequences. Although these situations don’t happen very often, they offer a way for victims to find justice under Massachusetts law. This extra money is called punitive damages. The purpose of punitive damages is not just to penalize individuals for their actions but also to send a clear message that such behavior is unacceptable. These awards aim to discourage similar wrongdoing in the future, highlighting the profound effects on victims and their families rather than just covering their expenses.

How Long Do You Have to File a Claim?

Massachusetts law gives families three years to file a wrongful death lawsuit. This timeline begins either on the date of passing or on the date the personal representative became reasonably aware that the loss resulted from negligence.

This deadline is known as the statute of limitations. If a claim is not filed within this time, the family may permanently lose the right to compensation. That’s why speaking with an attorney as soon as possible is crucial to protect your case.

What Needs to Be Proven in a Massachusetts Wrongful Death Case?

To succeed in a wrongful death claim, your attorney must show that:

1. The at-fault driver owed a legal duty of care (such as obeying traffic laws).
2. They breached that duty by acting carelessly or recklessly.
3. The breach directly caused your loved one’s death.
4. The death resulted in measurable damages to the family and estate.

Your attorney will gather evidence to support your case, which may include:

• Police and accident reports
• Eyewitness statements
• Medical and autopsy records
• Photos or video footage of the crash
• Expert witnesses in accident reconstruction or medical analysis

Why Hiring a Wrongful Death Attorney Matters

Wrongful death claims are legally complex, emotionally difficult, and often involve insurance companies that may try to minimize your loss. An experienced attorney can handle every step of the process so your family can focus on grieving and healing.

At Bottaro Injury Lawyers, we provide:

• A free case review with no pressure or upfront fees
• Legal guidance backed by years of local experience
• Aggressive pursuit of maximum compensation
• 24/7 availability and flexible meeting options
• No fees unless we win your case

We understand the importance of compassion and clarity during this time. From investigating the crash to negotiating with insurers or taking your case to court, we are here to support and fight for your family.

Take the First Step Toward Justice

If you’ve lost a loved one in a fatal car accident, we are deeply sorry for your loss. You deserve answers, and you may be entitled to financial support. Let us guide you through your options and fight for what your family is owed under Massachusetts law.

Call or text Bottaro Injury Lawyers at (401) 777-7777 for a free, private consultation. We’re available 24/7. Contact us today. You don’t pay unless we win.

It’s good to know Mike Bottaro.