When a life is cut short by someone else’s negligence, no settlement can undo the loss. But Massachusetts law does give surviving families a path to accountability and financial security. If you lost a spouse, parent, or child because of a careless or reckless act, you may have a wrongful death claim.
Families in Brockton and Plymouth County come to us after fatal crashes, unsafe-property deaths, and workplace tragedies. This guide explains who can bring the claim, what damages are available, the deadlines that apply, and how the process works.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person dies as a result of another party’s wrongful act, negligence, or recklessness. Common causes include car and truck crashes, unsafe property (premises liability), medical errors, and workplace fatalities. The claim is governed by General Laws Chapter 229, Section 2.
It is separate from any criminal case. A defendant can be found civilly liable for wrongful death even if no criminal charges were filed — the standard of proof is lower in civil court.
Who Can File the Claim?
Only the personal representative of the deceased’s estate may file the wrongful death suit. That representative is usually named in the will, or appointed by the probate court if there is no will. The representative brings the claim for the benefit of the surviving family members — typically a spouse, children, and parents.
Because a probate estate must usually be opened, families should involve a lawyer early so the personal representative is properly appointed and the claim is timely.
What Damages Are Available?
Massachusetts allows recovery for the losses suffered by the family, not just the estate. Depending on the case, damages may include:
- Lost income and benefits the deceased would reasonably have earned.
- Lost services — the household, childcare, and practical contributions the person provided.
- Loss of companionship, guidance, and society — the human loss families feel most.
- Funeral and burial expenses.
- Punitive damages in cases of gross negligence or reckless conduct, meant to punish the wrongdoer.
The Three-Year Deadline
A wrongful death claim must generally be filed within three years of the death. Two important wrinkles:
- If the death resulted from a criminal act, the clock may be extended until the criminal case concludes (up to a limit).
- If the responsible party is a public entity (a city or state agency), earlier presentment rules may apply.
Because these exceptions are fact-specific, an early legal review protects your rights.
How the Process Works
- Investigation. We gather police reports, medical records, and evidence to establish fault.
- Estate and probate. We coordinate appointment of the personal representative.
- Damages proof. We document economic losses with employment and financial records, and the family’s non-economic losses with testimony.
- Resolution. Most claims resolve through negotiation or mediation; we prepare every case as if it will be tried.
A Brockton Example
When a Plymouth County driver is killed by a commercial truck drifting across the center line, the family faces a tangle of insurance policies and a trucking company eager to shift blame. A wrongful death claim consolidates those layers — lost income, the loss of a parent’s guidance, and funeral costs — into one accountable process, while we handle the probate side so the family can grieve.
Why a Local Brockton Injury Lawyer Matters
A wrongful death case touches probate, insurance, and litigation at once. A lawyer who knows Plymouth County courts and Massachusetts wrongful death law can carry that burden so the family can grieve. At Shea Culgin Law, we handle the legal tracks together and keep the family’s load as light as possible — and you pay nothing unless we win.
If the death arose from a crash, a related rideshare or car-accident claim may also be available.
Frequently Asked Questions
Who gets the money from a wrongful death settlement?
The recovery goes to the estate for the benefit of the surviving spouse, children, and parents, according to Chapter 229 — not to the estate’s general creditors.
Can I file if criminal charges were dropped?
Yes. A civil wrongful death claim has a lower burden of proof and can proceed independently of any criminal case.
How long does a wrongful death case take?
Many resolve in months through negotiation; contested cases can take longer, especially if they go to trial. We keep families informed at every step.
What does it cost?
Nothing up front. We work on contingency and are paid only from a recovery.
Wrongful Death and Workers’ Compensation
When a death happens on the job, a workers’ compensation claim may run alongside the wrongful death suit — for example, against a negligent third party whose equipment caused the fatality. The WC death benefit (G.L. c. 152) helps the family immediately, while the wrongful death claim pursues full accountability from the at-fault party. We coordinate both so the family is not forced to choose.
Settlement Structure: Lump Sum vs. Structured
Families often ask whether to take a single lump-sum payment or a structured settlement paid over time. A lump sum gives immediate liquidity but requires careful management; a structured settlement provides steady, tax-advantaged payments and can protect a minor child’s future. In Massachusetts, court approval is required when the beneficiary is a minor or incapacitated person, which safeguards the family’s interests. We help you weigh the options against your real needs — housing, education, and care — rather than letting an insurer dictate the form.
Free Consultation
Lost a loved one to negligence in Brockton or Plymouth County? Contact Shea Culgin Law for a free, compassionate consultation. No fee unless we win.
