If someone else’s negligence caused their death, you do not have to face what comes next alone. Our Boston wrongful death lawyers will handle every part of your legal case so your family can focus on healing.
Michael Kelly Injury Lawyers has helped families across Boston get justice and fair compensation after a tragic loss. We work on contingency. You pay nothing unless we win.
- What Is Wrongful Death in Massachusetts?
- Who Can File a Wrongful Death Lawsuit in Boston?
- Common Causes of Wrongful Death in Boston
- How Do You Prove a Wrongful Death Case?
- What Compensation Can Your Family Recover?
- How Long Do You Have to File? (Massachusetts Statute of Limitations)
- Wrongful Death Lawyer Near Me
- What Happens After You Call Us? Our Process.
- How a Boston Wrongful Death Attorney Can Help
- Meet Our Wrongful Death Lawyers
- Contact Our Experienced Wrongful Death Lawyers Today!
- 30-Day, Risk-Free Guarantee
What Is Wrongful Death in Massachusetts?
Wrongful death happens when someone dies because of another person’s negligence or wrongful act.
It is a civil case, not a criminal one. That means you are not trying to put anyone in prison. You are seeking money to help your family after an unthinkable loss.
Massachusetts law (Chapter 229, Section 2) lets the estate representative file a wrongful death claim on behalf of the family. The money goes to surviving family members: a spouse, children, parents, or siblings.
The compensation can cover:
- Medical bills your loved one had before they passed
- Funeral and burial costs
- Lost income and future earnings
- Loss of companionship and emotional support
- Pain and suffering
No amount of money brings someone back. But a wrongful death claim holds the responsible party accountable and gives your family the financial support to move forward.
Who Can File a Wrongful Death Lawsuit in Boston?
Under Massachusetts law, the executor or administrator of the estate files the lawsuit. This is usually the person named in the will. If there is no will, a court appoints someone.
Once the case is filed, the compensation goes to surviving family members, including:
- Surviving spouse
- Children, including minors
- Parents
- Brothers and sisters
- Other relatives, if no immediate family remains
You do not need to figure out the legal details on your own. Call our Boston wrongful death attorneys today for a free case review.
Common Causes of Wrongful Death in Boston
We have handled wrongful death cases from many types of accidents. Here are the most common:
- Car and truck accidents: Fatal crashes happen on Boston roads and highways every year. Speeding, distracted driving, and drunk driving are common causes. Truck accidents are especially deadly due to the size of the vehicles.
- Medical malpractice: A surgical mistake, a missed diagnosis, or the wrong medication can cost a life. These cases require medical experts and detailed records.
- Workplace accidents: Construction sites carry the highest risk. Falls, equipment failures, and exposure to toxic substances can be fatal.
- Defective products: When a product is badly designed or manufactured, the maker can be held responsible. This includes vehicles, machinery, and medical devices.
- Premises liability: Property owners must keep their spaces safe. A fatal slip and fall, a pool accident, or a building collapse can lead to a wrongful death claim.
- Nursing home neglect: Medication errors, delayed care, and poor living conditions cause preventable deaths in elder care facilities every year.
- Aviation accidents: Plane crashes can involve pilot error, mechanical failure, or air traffic control mistakes. These cases require specialized expertise.
No matter how your loved one died, we will look at the facts carefully and build the strongest possible case.
How Do You Prove a Wrongful Death Case?
To win a wrongful death case, you must prove four things:
- The other party had a duty to keep your loved one safe.
- They broke that duty.
- That failure directly caused your loved one’s death.
- Your family suffered real losses as a result.
Here is the evidence we use to prove this:
Physical Evidence
Skid marks, damaged vehicles, medical records, and surveillance footage all help tell the story of what happened.
Witness Statements
Bystanders, coworkers, and first responders who saw the event can be powerful witnesses. We move quickly to secure their accounts before memories fade.
Expert Testimony
We bring in accident reconstruction experts, doctors, and financial analysts. They explain complex details in clear terms that a jury can understand.
Photos and Videos
Visual evidence does not change. It preserves the scene exactly as it was. That is often what wins a case.
What Compensation Can Your Family Recover?
Massachusetts law allows families to recover several types of compensation. Here is what we fight for:
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Medical bills
Hospital stays, surgeries, and emergency care your loved one had before they passed. Even if insurance covered some of it, you can still include it.
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Funeral and burial costs
We include all costs related to your loved one’s burial, cremation, and service.
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Lost income
This covers not just what your loved one earned at the time of death, but also the future wages they would have provided for years to come.
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Loss of services
Childcare, cooking, and home maintenance all have real financial value. We include the cost of replacing those services your loved one provided.
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Loss of companionship
The law recognizes the pain of losing a spouse, parent, or child. Emotional suffering is compensable.
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Punitive damages
If the other party’s actions were especially reckless or intentional, courts can award extra damages to punish the wrongdoer.
The exact amount depends on your loved one’s age, income, and role in your family. Our attorneys calculate every category of damages carefully so nothing is missed.
How Long Do You Have to File? (Massachusetts Statute of Limitations)
In Massachusetts, you have 3 years from the date of death to file a wrongful death lawsuit.
There is one exception. In some medical malpractice cases, the cause of death is not known right away. In those situations, the 3-year clock starts when you first discover the cause.
If you miss this deadline, you lose your right to compensation permanently.
Wrongful Death Lawyer Near Me
What Happens After You Call Us? Our Process.
Here is exactly what to expect when you hire Michael Kelly Injury Lawyers:
- Free consultation: We review your situation at no charge. You tell us what happened. We explain your options honestly.
- Investigation: We gather evidence, talk to witnesses, and hire experts as needed.
- Demand and negotiation: We send a detailed demand to the insurance company. Most cases settle without going to court.
- Lawsuit if needed: If the insurance company refuses to pay fairly, we file a lawsuit and take the case to trial.
- You get paid: We only collect a fee if we win. You owe us nothing if we do not recover compensation for you.
We handle every step. You focus on your family.
How a Boston Wrongful Death Attorney Can Help
When you are grieving, the last thing you need is a complex legal battle on your hands.
Insurance companies have experienced defense teams. They know how to delay claims, question fault, and minimize payouts. Without a skilled attorney, families often settle for far less than they deserve.
Our wrongful death lawyers in Boston will:
- Investigate the cause of death and identify every responsible party
- Collect and preserve key evidence before it disappears
- Hire medical, financial, and accident reconstruction experts
- Handle all communication with insurance companies and opposing lawyers
- Calculate every category of damages, including long-term losses
- Fight for the maximum compensation your family deserves, in court if necessary
One call starts the process. There is no cost, and no obligation.
Meet Our Wrongful Death Lawyers
Michael D. Kelly, Esq., Principal Attorney – over a decade representing injured Massachusetts families. Focused on maximizing compensation for serious injury and wrongful death cases across Greater Boston.
Our team includes trial attorneys, pre-litigation specialists, and settlement managers. All working together on your case.
Contact Our Experienced Wrongful Death Lawyers Today!
We know this is one of the hardest times of your life. You should not have to fight an insurance company while you are grieving.
Call Michael Kelly Injury Lawyers for a free, no-obligation consultation. There is no cost unless we win your case.
