Wrongful Death
When negligence takes someone you love, we help your family pursue accountability and the compensation the law allows.
No amount of money replaces a loved one. But when a death was caused by someone else’s negligence, a wrongful death claim can hold the responsible party accountable and give your family financial stability during an impossibly hard time.
Dane Shulman Associates represents families who have lost loved ones in car accidents, falls, workplace accidents, medical errors, and other preventable tragedies. For more than 75 years, families across Massachusetts have trusted the Dane Shulman name. Call 617-298-2500 for a free, compassionate consultation.
When a death is “wrongful”
A death is wrongful when it is caused by another person’s or organization’s negligence, recklessness, or intentional misconduct. We handle wrongful death claims arising from:
- Car, truck, motorcycle, and pedestrian accidents
- Slip-and-fall and other premises accidents
- Workplace accidents involving negligent third parties
- Medical malpractice
- Defective products
- Drunk driving and dram shop liability
Who can bring a wrongful death claim in Massachusetts
Under the Massachusetts wrongful death statute (M.G.L. c. 229, § 2), the claim is brought by the executor or administrator of the deceased person’s estate — the personal representative. Any recovery is then distributed to the family members the law designates, typically the surviving spouse, children, and in some cases parents or other next of kin.
If no personal representative has been appointed yet, we can help your family through that process so the claim can move forward. Because the rules about who files and who receives compensation can be confusing, talk to an attorney before assuming you can or cannot bring a claim.
What compensation may be available
A Massachusetts wrongful death claim may recover:
- The loss of the income and financial support your loved one would have provided
- The loss of services, protection, care, and assistance
- The loss of society, companionship, comfort, guidance, and counsel
- Reasonable funeral and burial expenses
- Punitive damages when the death was caused by gross negligence or willful, wanton, or reckless conduct
Separately, the estate may also pursue compensation for any conscious pain and suffering your loved one experienced before death, along with medical expenses from that period.
How long you have to file
In most cases, a wrongful death claim in Massachusetts must be filed within three years of the date of death. In some situations — for example, when the cause of death wasn’t known right away — the clock may start later. Claims involving government entities or medical malpractice carry additional requirements and deadlines.
Evidence also fades quickly. Accident scenes change, vehicles are repaired, and records are harder to obtain as time passes. Contacting an attorney early protects your family’s claim.
When a death happens at work
If your loved one died from injuries suffered on the job, your family may be entitled to workers’ compensation death benefits. If a party other than the employer — an equipment manufacturer, a negligent driver, another contractor on the job site — caused or contributed to the death, your family may also have a separate wrongful death claim against that party. We handle those third-party wrongful death claims.
No recovery, no fee
We handle every wrongful death case on contingency. We pay the costs of investigating the claim, developing the case, and negotiating a full and fair settlement. If trial is necessary, we use our extensive trial experience to pursue a maximum jury award, including punitive damages when appropriate. You pay attorney fees only if your family recovers.
FAQ
Your consultation is free and compassionate, and your family pays nothing unless we recover.