Fall River Wrongful Death Lawyers

Losing someone you love because of another person’s carelessness is a wound no legal outcome can heal. But Massachusetts law does give surviving family members a way to hold the responsible party accountable, and a Fall River wrongful death lawyer can walk your family through what those options look like.

If you are reading this in the days or weeks after the death of someone close to you, you may be trying to understand whether you have a wrongful death claim, who can bring it, and how much time you have.

Bottaro Injury Lawyers has a staffed office in downtown Fall River, and Mike Bottaro is licensed in Massachusetts in both state and federal courts. If you want someone to review what happened and explain your options, contact us anytime for a free case review. There is no cost to talk and no obligation.

What Qualifies as a Wrongful Death in Massachusetts?

Under Massachusetts law, a wrongful death is a death that would have entitled the person to bring an injury claim had they survived. Put simply, if someone was killed because another party was careless, reckless, or acted wrongfully, and the death would not have happened but for that conduct, the family may have a wrongful death claim.

The Massachusetts Wrongful Death Statute, is the source of this right. It covers deaths caused by negligence (ordinary carelessness that leads to harm), gross negligence, and willful, wanton, or reckless conduct. It also covers deaths caused by a defective product or a breach of warranty.

A wrongful death lawsuit is a civil case brought by your family, separate from any criminal charges the state may bring against the person responsible. The two can proceed at the same time. A criminal prosecution is about punishment. A civil case is about compensation. Even if criminal charges are never filed, or a criminal case ends in acquittal, your family may still have a valid civil claim.

Who Can File a Wrongful Death Claim in Massachusetts?

In Massachusetts, the personal representative of the estate files the lawsuit. That is the executor named in the will, or, if there is no will, an administrator appointed by the probate court. Individual family members do not file in their own names, even though the recovery is for them.

The court distributes any money recovered to the statutory beneficiaries. Under M.G.L. c. 229 § 1, together with the state’s intestacy rules in M.G.L. c. 190B, the distribution generally works this way:

A Surviving Spouse and Children: They share the recovery, with the exact split depending on the circumstances.
The Parents: If there is no surviving spouse or children
Next of Kin: If there is no surviving spouse, children, or parents

If probate has not been opened yet, your lawyer can help the family get a personal representative appointed so the claim can move forward. These distribution rules apply regardless of what a will may say about other property.

Wrongful Death Claim vs. Survival Action

Massachusetts recognizes two related claims that may both be available in the same case. Families often do not realize both exist:

Wrongful Death Claim: Brought under M.G.L. c. 229 on behalf of surviving family for their own losses, including lost income the loved one would have shared, lost care and companionship, and funeral and burial costs
Survival Action: Brought under M.G.L. c. 228 § 1 on behalf of the estate for what the loved one personally suffered between injury and death, including conscious pain and suffering, medical bills incurred before death, and lost wages during the interval

If death was instantaneous, there is generally no survival claim. But when death followed injury by hours, days, or weeks, both claims may apply. They cover different categories of damages, and you should evaluate both at the start of the case.

How to Prove Negligence in a Wrongful Death Case

Wrongful death cases turn on proving four elements:

Duty: The defendant owed a legal duty of care. Drivers owe others on the road a duty to operate safely. Doctors owe patients a duty to meet the accepted standard of care.
Breach: The defendant failed to meet that duty by running a red light, or by missing a diagnosis a reasonably careful doctor would have caught.
Causation: The breach actually caused the death. This is often the most contested element, especially in complex medical cases.
Damages: Your family has suffered real losses as a result.

Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231 § 85. If your loved one bore any share of the fault, the recovery is reduced by that percentage. If your loved one was 51 percent or more at fault, the family recovers nothing. This is a stricter bar than Rhode Island’s rule, which matters for cases with facts on both sides of the state line.

Evidence looks different in every case: accident reconstruction reports, medical and autopsy records, police reports, witness statements, employment records for lost earnings, and family testimony about your loved one. Some of this evidence disappears quickly. Video gets overwritten. Witnesses move on. Early legal involvement gives your family a better chance of preserving what matters.

How to Prove Negligence in a Wrongful Death Case

The Massachusetts Wrongful Death Statute of Limitations

The general deadline for a wrongful death lawsuit in Massachusetts is three years from the date of death, under M.G.L. c. 229 § 2. In most cases, that is the number to plan around.

There are narrow exceptions. In cases where the cause of death was not immediately known, like some toxic exposures or medical errors that only become clear months later, Massachusetts courts have recognized a discovery rule. The clock may start when the personal representative knew, or reasonably should have known, that negligence caused the death. The details are fact-specific.

If a government vehicle or employee was involved, or the incident happened on government-owned property, the Massachusetts Tort Claims Act (M.G.L. c. 258) applies. That statute imposes a separate presentment requirement with a shorter deadline to file suit. Missing it can bar an otherwise strong case. Do not wait to get advice.

If you are not sure which deadline applies to your family’s situation, reach out anytime for a free case review.

What Compensation Can Families Recover?

Under M.G.L. c. 229 § 2, the recovery reflects what your family has lost. That can include:

Lost Income and Services: The money your loved one would reasonably have earned and shared with the family, plus the value of household services and care they provided
Loss of Consortium, Care, and Companionship: The guidance, counsel, comfort, and society your family no longer has
Funeral and Burial Expenses: Actual out-of-pocket costs
Punitive Damages: Available in wrongful death cases where the conduct was grossly negligent, or willful, wanton, or reckless. Massachusetts generally does not allow punitive damages in ordinary negligence cases, but the wrongful death statute creates a specific exception.

If medical malpractice caused the death, Massachusetts caps non-economic damages under M.G.L. c. 231 § 60H, commonly cited at $500,000, with exceptions for substantial or permanent loss. Application depends on the facts, which is one reason medical malpractice cases require careful early evaluation.

When a survival action applies alongside the wrongful death claim, the estate may also recover pre-death medical bills, lost wages, and conscious pain and suffering.

Types of Wrongful Death Cases We Handle

Wrongful death cases arise from a wide range of underlying causes. In Fall River and the surrounding area, the most common we see include:

Motor Vehicle Crashes: Truck and car deaths on I-195, the Braga Bridge, Route 24, and Route 79, along with local streets
Medical Malpractice: Surgical errors, missed diagnoses, medication errors, and birth injuries
Workplace and Construction Incidents: Fatal injuries where a third party outside the direct employer bears responsibility, such as a subcontractor, property owner, or equipment manufacturer
Premises Liability: Fatal falls, drownings at unsupervised pools, and negligent security cases at apartments, garages, and commercial properties
Defective Products: Industrial machinery, consumer goods, pharmaceuticals
Nursing Home Negligence: Neglect, medication errors, and failures in supervision that lead to falls or infections

The specific cause matters. It changes which statutes apply, which defendants are potentially responsible, and what evidence must be preserved.

About Bottaro Injury Lawyers in Fall River

Bottaro Injury Lawyers has a staffed office in downtown Fall River, a short walk from Bristol County Superior Court where these cases are heard. Mike Bottaro founded the firm in December 2010 and is licensed in Rhode Island and Massachusetts, in both state and federal courts. He holds an AV Preeminent rating from Martindale-Hubbell.

Wrongful death cases are the hardest kind of case to bring. No result changes the loss at the center. The law can force accountability and give the family resources to move forward. Nobody should have to fight that battle against an insurance company alone. That is the idea the firm was built around.

Every case runs on the No Fee Guarantee®. Our team also handles Massachusetts personal injury cases and wrongful death claims across Rhode Island and Massachusetts.

Frequently Asked Questions

Can a Criminal Case and a Wrongful Death Lawsuit Happen at the Same Time?

Yes, and they are separate. A criminal case is brought by the state and is about punishment. A wrongful death claim is a civil case brought on behalf of your family and is about compensation. The two can move forward at the same time, and your family may have a valid civil claim even if no criminal charges are ever filed.

Who Receives the Money From a Wrongful Death Claim?

The recovery goes to the statutory beneficiaries set by Massachusetts law, generally the spouse and children first, then parents, then next of kin. The personal representative of the estate brings the claim, but the compensation is for the family. Distribution follows the state’s rules regardless of what a will says about other property.

What if My Loved One Was Partly at Fault?

Your family may still have a claim. Massachusetts reduces the recovery by the share of fault assigned to your loved one under M.G.L. c. 231 § 85. If that share was 51 percent or more, the claim is barred, which is one of many reasons a careful early investigation matters.

How Long Do We Have to File a Wrongful Death Claim?

The general deadline is three years from the date of death, under M.G.L. c. 260 § 2A. Some cases, such as those involving a cause of death that was not discovered right away, follow different timing. Claims against a government entity carry a shorter deadline, so it helps to speak with someone early.

What Does It Cost to Talk to a Wrongful Death Lawyer?

Nothing. The case review is free, and there is no obligation. Every case runs on the No Fee Guarantee®, which means your family pays no fees, costs, or expenses unless we win your case.

Talk to a Fall River Wrongful Death Lawyer Today

When you are ready to talk, we are here. Contact us anytime for a free case review. We are available 24 hours a day, seven days a week. Under the No Fee Guarantee®, your family pays nothing unless we win your case. No fees, costs, or expenses either way.

There is no obligation and no cost to talk. Contact us for a free consultation.