Losing a family member as the result of someone else’s actions can leave your family in deep shock and despair. Not only have you experienced a profound emotional loss, but you may also have significant expenses piling up. Figuring out what to do and how to pay these bills while grieving is hard, but you don’t have to handle it alone.

At Earley Law Group, our lawyers stand ready to support you through this challenging period. We can provide the guidance and representation you need for a successful wrongful death claim and secure fair compensation for your unimaginable loss.

We know you have many options for a wrongful death case, but our case results and over 600 Google reviews demonstrate our commitment and skill. With our firm by your side, you can focus on healing while we handle the legal work. Call Earley Law today or complete our contact form for a free consultation.

How Can a Boston Wrongful Death Attorney Help Me and My Family?

When selecting a Boston wrongful death attorney, it’s crucial to choose someone who will put your needs first. That’s what we do at Earley Law.

We call our signature service the Earley Experience. It’s our guarantee to provide the best client experience we can at every step of your case. We believe in providing five-star customer service, and if you are ever less than fully satisfied with our representation, we will do whatever we can to make it right.

Here are a few ways we can help with a wrongful death lawsuit:

  • We’ll Handle the Legal Details – We simplify the legal process, explaining every step in clear, understandable language. By handling all the legal details, we make sure you can focus on your family and healing.
  • We’ll Investigate the Case Thoroughly – Our team dives deep into the circumstances surrounding your loved one’s death, gathering evidence and building a compelling case to support your claim for wrongful death compensation.
  • We’ll Calculate Rightful Compensation – We can calculate the full extent of your financial and emotional losses from a family member’s death. This includes any outstanding medical expenses, funeral costs, lost income, and the emotional impact on your family.
  • We’ll Deal with Insurance Companies – You won’t have to face insurance adjusters alone. We’ll negotiate with them on your behalf for a fair settlement that reflects the true value of your losses.
  • We’ll Bring Your Case to Trial – If the insurance companies won’t agree to a fair settlement, we can file a lawsuit and take your case to court. Our attorneys have extensive experience with wrongful death lawsuits and know how to present a compelling case.
  • We’ll Never Charge Upfront Fees – Hiring Earley Law to handle your wrongful death claim costs you nothing out-of-pocket. We are paid a percentage of the recovery if we are successful in your case.

What Compensation Could I Recover in a Wrongful Death Claim?

The Massachusetts wrongful death statute lists the compensation you and your family could recover in a successful wrongful death claim. A wrongful death lawyer in Boston can help you maximize your compensation, which could include money for:

  • Economic Losses Related to Your Family Member’s Death – A family member’s death can cause significant financial harm, and Massachusetts law provides a way for you to recover compensation for this harm. This includes compensation for the loss of your family member’s expected income. It also includes compensation for their services, protection, care, assistance, society, companionship, comfort, and guidance.
  • Reasonable Funeral and Burial Expenses – Funeral and burial costs can put significant financial strain on grieving families. As part of a wrongful death claim, you can seek compensation for your lost family member’s funeral and burial expenses.
  • Punitive Damages – In cases where someone dies due to another party’s intentional, reckless, or extremely negligent actions, Massachusetts law allows you to seek punitive damages. Most of the compensation you receive from a personal injury claim is to make up for losses you have experienced and make you whole, but punitive damages are meant to penalize the wrongdoer and discourage others from similar actions.

For more information on how much your case might be worth, contact our wrongful death law firm for a free consultation and case review.

How Are Wrongful Death Settlements Paid Out?

State law outlines the wrongful death beneficiaries in Massachusetts. If the deceased has:

  • A Surviving Spouse and No Children – The entire settlement goes to the surviving spouse.
    A Surviving Spouse and One Child or the Grandchild(ren) of a Deceased Child – The settlement is divided equally, with half going to the surviving spouse and half to the child or grandchild(ren).
  • A Surviving Spouse and More Than One Child or Grandchild – One-third of the settlement goes to the surviving spouse, and the remaining two-thirds are divided among the surviving children or grandchildren.
  • No Surviving Spouse – The settlement is distributed to the deceased’s surviving family according to Massachusetts law regarding estates and wills.

The Massachusetts wrongful death law defines the circumstances in which you can seek compensation for a family member’s death. Essentially, you must show that someone caused your family member’s death through their negligence or their “willful, wanton or reckless” actions.

This means you need to demonstrate that the at-fault party failed to take reasonable precautions to avoid injuring or killing someone in an accident. Car accidents are an unfortunately common example of negligence resulting in wrongful death, as all drivers have a legal duty to follow traffic regulations and avoid injuring others on the road.

Proving someone intentionally killed your family member or did so through their reckless actions may be more difficult.

In either circumstance, your Massachusetts wrongful death lawyer will need to find evidence to support your claim, such as:

  • Police accident reports
  • Medical records
  • Eyewitness accounts
  • Surveillance footage
  • Forensic accident investigations
  • Photos from the accident scene
  • Expert testimony

Massachusetts law says only the administrator or executor of the deceased’s estate can file a wrongful death claim. If the deceased did not name an administrator in their will, the court will have to appoint one. While the deceased’s surviving family members can recover compensation through a wrongful death claim, the administrator must always file the claim.

Like many states, Massachusetts has a specific law concerning time limits for wrongful death lawsuits. This law says that in most circumstances, you must file a wrongful lawsuit within three years of when the deceased died. However, you may have extra time if it’s not immediately obvious that you had cause to pursue a wrongful death action. In these circumstances, the law says you have three years from when you knew or reasonably should have known that they died a wrongful death to file a lawsuit.

The best way to avoid issues with the Massachusetts wrongful death statute of limitations is to speak with an Earley Law attorney as soon as possible. We can investigate your case, see if you have grounds for a wrongful death claim, gather evidence to support your claim, and make sure to file a lawsuit within the required time limits.

Massachusetts wrongful death cases emerge from various situations, each with its own painful story. Here’s a closer look at some of the most common causes of wrongful deaths:

  • Vehicle Accidents – Collisions involving cars, motorcycles, commercial trucks, bicycles, and pedestrians can cause fatal injuries. Many of these accidents result from impaired driving, speeding, distracted driving (such as texting while driving), and other forms of negligence.
  • Medical Malpractice – When healthcare providers fail to properly care for their patients, the outcomes can be deadly. Common examples of negligence among healthcare workers include surgical errors, wrong medication dosages, misdiagnoses, and failure to treat a condition promptly.
  • Workplace Accidents – Fatal incidents in the workplace, particularly in industries like construction, manufacturing, or energy, may happen due to unsafe working conditions, equipment malfunctions, or inadequate safety measures.
  • Product Liability – Defective or unsafe products, including electronics, automotive components, children’s toys, and medical devices, often result from issues with a product’s design, manufacturing, or lack of proper usage instructions.
  • Premises Liability – Fatal accidents occurring on someone else’s property due to unsafe conditions fall under this category. Some examples of situations that may result in a wrongful death claim include slip-and-fall/trip-and-fall incidents, failure to perform adequate maintenance, and incidents involving a lack of sufficient security.
  • Intentional Assaults and Other Violent Acts – Gun violence, stabbings, physical assaults, and other violent acts can cause fatal wounds, even if the perpetrator did not mean to kill. A wrongful death claim allows you to hold the offender accountable in these cases, even if they never face criminal charges or a jury finds them not guilty. (The standard of proof is lower in civil cases than in criminal ones, making it easier to hold negligent individuals or institutions liable for the harm they cause.)