WALTHAM WRONGFUL DEATH LAWYER

Losing a loved one unexpectedly is devastating. When that loss is caused by another person or entity acting carelessly, recklessly, or wrongfully, state law may allow surviving family members to pursue accountability and compensation.

In general, a wrongful death occurs when someone dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by Massachusetts wrongful death laws.

A wrongful death lawsuit allows eligible surviving family members to seek compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death claim in Waltham, an attorney typically must show:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who can file the claim and how compensation is distributed will depend on Massachusetts law.

Wrongful death claims can arise from many different types of preventable events. Every case is unique, but some types of fatal incidents tend to occur more frequently than others.

Common causes may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice in hospitals or surgical settings
• Workplace and construction site accidents
• Drownings in residential or public pools
• Premises liability incidents at businesses or apartment complexes
• Defective or dangerous products
• Nursing home neglect or abuse
• Violent or criminal acts, leading to fatal injuries

Any of these situations may lead to a civil wrongful death claim, which is separate from any criminal proceedings that may also occur.

If you suspect a wrongful death, it’s important to take immediate action to protect your rights and build a strong case. Here are the key steps you should take:

Obtain a death certificate

The official death certificate will document the cause of death, which may be important for your case.

Gather evidence

Collect any medical records, accident reports, photographs, witness statements, or other relevant documentation that could support your claim. If the death happened in a workplace or medical setting, obtain any available records related to procedures, treatments, or potential safety violations.

Contact Morgan & Morgan

A wrongful death attorney can evaluate your case and guide you on the best course of action. They can also help determine liability and the compensation you may be entitled to.

Avoid speaking with insurance companies alone

Insurance companies may attempt to minimize your claim. Consult with your attorney before providing any statements.

Determine who can file a claim

Who can file a wrongful death lawsuit is determined by state law. In many cases, the claim is brought either by qualifying surviving family members or by the personal representative of the deceased person’s estate on behalf of those beneficiaries.

The individuals who may be eligible, such as spouses, children, parents, or other dependents, are defined by the laws of the state where the case is filed.

Be aware of the statute of limitations

Each state has a specific deadline for filing a wrongful death claim. Massachusetts’s statute of limitations is strict, and missing this deadline could prevent you from pursuing legal action.

Consider the financial and emotional impact

Wrongful death claims may allow recovery for losses such as medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can assist in assessing the full range of economic and non-economic damages that may be available under Massachusetts law.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what you should consider:

Was there negligence or misconduct?

To have a wrongful death case, you must prove that someone else's negligence, recklessness, or other actions caused the death. This can include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a doctor’s error
• Unsafe workplace conditions leading to a fatal accident
• Criminal acts, such as assault or homicide

Did the death result from that negligence?

There must be a clear connection between the responsible party’s actions, or failure to act, and the death. For example, if a doctor failed to diagnose a treatable condition and the patient later died as a result, that may support a valid claim.

Do you have legal standing?

Only certain individuals are permitted to file a wrongful death lawsuit, and eligibility depends on state law. In most states, the claim may be brought either by eligible surviving family members or by the personal representative of the deceased’s estate on behalf of those beneficiaries.

Those who may qualify can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the specific laws of the state.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state has a deadline to file a wrongful death claim. If too much time has passed, you may lose the right to sue.

Massachusetts law requires that a wrongful death claim be filed by the personal representative of the deceased person’s estate. This individual brings the lawsuit on behalf of the surviving beneficiaries.

Those who may benefit from the claim can include a surviving spouse, children, parents, or, in some cases, other next of kin, depending on the circumstances and state law.

If a personal representative has not yet been appointed, probate court procedures allow one to be designated to pursue the claim on behalf of the estate and eligible survivors.

Massachusetts law imposes strict deadlines for filing a wrongful death claim. In most cases, the time period begins running from the date of death, though certain circumstances can affect how the deadline is calculated.

Different rules may apply in cases involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced and missing them can permanently prevent recovery, it’s important to act promptly to protect your rights.

A wrongful death lawsuit and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Wrongful death (civil case): Filed by the estate or eligible family members to seek financial compensation for losses such as medical expenses, funeral costs, and loss of financial support. The goal is compensation, not punishment.
• Criminal case: Brought by the government to address violations of criminal law. The goal is punishment, which may include jail time, fines, or probation.

Burden of Proof

• Civil case: Must be proven by a preponderance of the evidence—meaning it is more likely than not.
• Criminal case: Must be proven beyond a reasonable doubt, which is a much higher standard.

Who Files the Case

• Civil case: Filed by the estate or qualifying family members, depending on state law.
• Criminal case: Filed by a government prosecutor.

Possible Outcomes

• Civil case: May result in financial compensation for the family.
• Criminal case: May result in penalties such as imprisonment or fines.

Can both happen at the same time?

Yes. A wrongful death lawsuit can move forward independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies because of another party’s negligence, but they serve different purposes.

A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of the death. These damages may include funeral and burial costs, loss of financial support, and loss of companionship or services, depending on state law. The focus is on the impact the death has on surviving beneficiaries.

A survival action, by contrast, is brought on behalf of the deceased person’s estate. It seeks damages the individual could have recovered had they lived, such as medical expenses, lost income, or other losses incurred between the time of injury and death. Rather than compensating the family’s loss, it continues the claim the deceased would have had.

The key distinction is timing and purpose. Wrongful death claims address losses suffered by survivors after the death, while survival actions address losses the deceased experienced before passing. In some jurisdictions, both claims may be pursued together.

In a wrongful death case, compensation (also called damages) is intended to address legally recognized losses resulting from the death. The types of damages available depend on state law and the specific facts of the case.

Damages may include:

Economic losses

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (where permitted by law)

• Loss of companionship, care, or guidance
• Loss of consortium

In some cases involving particularly reckless or intentional conduct, additional damages may be available under applicable state law.

Because wrongful death laws vary by state, an attorney can help determine what forms of compensation may apply in your situation.

To establish liability in a wrongful death case, it must be shown that another party’s actions, or failure to act, caused the death. While each case is different, most claims focus on proving negligence, recklessness, or intentional misconduct.

Proving negligence

In many cases, the person bringing the claim (often the estate representative) must show that the defendant failed to act with reasonable care. This generally involves proving:

• Duty of care: The defendant had a legal responsibility to act safely (for example, a driver must follow traffic laws or a doctor must provide appropriate medical care).
• Breach of duty: The defendant failed to meet that responsibility.
• Causation: That failure directly led to the death.
• Damages: The death resulted in recognized losses, such as financial or emotional harm.

Reckless or intentional conduct

In some situations, liability may be based on more serious conduct, such as reckless behavior or intentional harm. Even in these cases, it must still be shown that the conduct directly caused the death.

Evidence used to prove liability

Building a case typically involves collecting and analyzing evidence, such as:

• Medical records
• Eyewitness statements
• Expert opinions (including medical or accident reconstruction experts)
• Police or incident reports
• Photographs or video footage

Defenses and shared fault

The defense may argue that the deceased was partially responsible for what happened. Depending on state law, this can reduce or limit the amount of compensation. Strong evidence is often key to addressing these arguments.

Why legal guidance matters

Wrongful death cases can be complex and may involve multiple parties and significant damages. An experienced attorney can investigate the facts, preserve evidence, work with experts, and build a case aimed at establishing liability under the law.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to provide specialized knowledge that strengthens the case by supporting the plaintiff’s claims or refuting the defendant’s arguments. Expert witnesses are usually specialists in areas related to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By offering their expert opinions, these witnesses help the jury understand complex topics and make more informed decisions.

Yes, insurance can play a significant role in wrongful death claims. In many cases, the defendant (the person or entity responsible for the death) may have insurance coverage that could help compensate the surviving family members for their loss.

Here’s how insurance may be involved:

• Defendant's insurance coverage: If the defendant is insured (for example, in a car accident or workplace accident), their insurance policy may cover damages awarded in a wrongful death case. The insurance company will typically handle the defense and may offer a settlement to avoid going to trial. This can help survivors recover financial compensation more quickly.
• Life insurance: If the deceased had a life insurance policy, the beneficiaries (such as the spouse, children, or other dependents) may be able to claim the death benefits. This is separate from a wrongful death lawsuit, but it can provide additional financial support.
• Employer’s insurance: If the wrongful death occurred due to a work-related accident, the employer’s workers' compensation insurance may cover certain expenses, though it typically does not cover non-economic damages like pain and suffering. In some cases, a third-party lawsuit can be filed if another party’s negligence (outside of the employer) contributed to the death.
• Settlements: Often, insurance companies prefer to settle cases before going to trial to avoid the cost and risk of a lengthy legal battle. In wrongful death cases, insurance companies may offer a settlement to the family to compensate for medical bills, funeral expenses, and lost income.

Insurance plays a key role in providing compensation for wrongful death claims, whether through the defendant’s liability insurance, life insurance, or workers' compensation coverage. However, insurance coverage does not always cover all types of damages, and the amount of compensation available will depend on the specifics of the case.

You should also note that insurance companies typically fight aggressively, and legal representation levels the playing field.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

Massachusetts’s wrongful death laws are strict and include specific guidelines for who can file a claim, what damages are available, and the statute of limitations. A lawyer ensures your claim follows all legal requirements.

Establishing that someone’s negligence or intentional actions caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a solid case.

Plus, insurance companies often try to minimize payouts. They may pressure you to accept a low settlement or deny liability altogether. A lawyer negotiates on your behalf and ensures you don’t settle for less than you deserve.

If a settlement isn’t reached, your case may go to trial. Litigation involves filing legal documents, presenting evidence, and arguing your case in court. An experienced Waltham attorney at Morgan & Morgan can handle these complexities and advocate for your rights.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with law offices in every state nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We’re deeply rooted in Massachusetts, and understand the local courts, judges, and insurance practices. Our firm has recovered billions for families nationwide and has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Waltham team today for a free case evaluation to learn more about your legal options.