Losing a loved one is one of the most painful experiences anyone can endure, and when that loss is due to someone else's negligence or intentional harm, the grief can be compounded by a deep sense of injustice. In Massachusetts, the law recognizes the profound impact of such losses and provides a legal avenue for families to seek justice through wrongful death suits. The emotional burden of a wrongful death case is immense, but having the right information and legal support can empower families to make informed decisions and find a path toward healing.

Navigating the complexities of a wrongful death claim can be daunting, especially during a time of emotional turmoil. Many families are uncertain about where to begin, what the legal requirements are, and how to ensure their rights are protected throughout the process. In Massachusetts, understanding the specifics of wrongful death laws, the types of damages that can be claimed, and the critical timelines for filing a suit can significantly impact the outcome of a case. Although no amount of money can ever replace a loved one, a wrongful death lawsuit aims to secure financial compensation from the individual or entity responsible for the victim's death due to negligence. In pursuing a wrongful death claim, a skilled Massachusetts wrongful death attorney can provide representation for you and your family.

At Brandon J. Broderick, Attorney at Law, we approach every case with compassion and empathy. Our Massachusetts law firm is dedicated to building strong cases and aggressively litigating claims to secure the compensation you and your family deserve. Renowned as one of the highest-rated personal injury law firms in Massachusetts, our reputation is built on compassionate client care and a straightforward, honest approach. We are committed to achieving the best possible outcome, allowing you to focus on your family and healing. We are available day or night for a free consultation or to help answer any questions that you may have.

Brandon J. Broderick's Wrongful Death Attorneys Are Available Around the Clock for You

Brandon J. Broderick, Attorney at Law, We Stand By Your Side

When a loved one dies in an accident or an incident that should never have occurred, the surviving family members often grapple with overwhelming emotions of anger, frustration, and anxiety. At Brandon J. Broderick, Attorney at Law, we prioritize client care, compassion, and open communication in wrongful death cases. We are here to be your reliable partner, guiding you through each step of this difficult process with empathy and understanding.

Expert Representation With Decades of Experience

Our dedicated team at Brandon J. Broderick, Attorney at Law, is committed to building a strong case on your behalf. We meticulously gather evidence, interview witnesses, and consult with experts to establish the negligence of the other party. By handling the intricate details and negotiating with the at-fault party, insurance companies, and others, we aim to alleviate your difficulties, allowing you to focus on healing and remembering your loved one. If a fair settlement cannot be achieved through negotiation, we are fully prepared to take your case to court and fight for justice.

Pursuing the Compensation You Deserve

You have the right to seek compensation if your loved one has died as a result of someone else's negligence. Beyond the immense grief, you may also face significant financial strain as your expenses and losses accumulate. You do not have to face this alone. Our compassionate wrongful death attorneys are dedicated to securing the maximum possible compensation for your losses, ensuring that you receive the financial support you need during this challenging time.

We Offer No-Cost, Confidential Consultations in Massachusetts

We offer no-cost, confidential, free legal consultations to help you understand your situation and explore your legal options. If you decide to proceed with us, we work on a contingency basis, meaning we only get paid if you receive a settlement. Many of our clients feel a sense of relief and reassurance once they make that first call to us. Let us help you navigate this difficult journey with the care and expertise you deserve.

What Qualifies as a Wrongful Death in Massachusetts?

In Massachusetts, a wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. Understanding what qualifies as a wrongful death is essential for pursuing justice and compensation for the loss of a loved one. The legal framework for wrongful death claims in Massachusetts is primarily defined by Massachusetts General Laws Chapter 229, Section 2.

Under Massachusetts law, a wrongful death claim can be pursued in any scenario where the deceased individual would have been entitled to file a personal injury lawsuit if they had survived. Unlike criminal homicide cases, which can result in penalties such as imprisonment, fines paid to the state, and probation, a wrongful death lawsuit focuses solely on financial compensation. In a wrongful death case, the court determines the defendant's liability and orders the defendant to pay monetary damages to the deceased person's survivors or estate. This distinction emphasizes the civil nature of wrongful death claims, where the primary goal is to compensate the survivors for their loss rather than punish the offender through criminal penalties.

Key Qualifying Circumstances

  1. Negligence: This is the most common basis for wrongful death claims. It occurs when a person or entity fails to exercise reasonable care, resulting in the death of another. Examples include car accidents caused by reckless driving or medical malpractice due to a healthcare provider's oversight​.
  2. Reckless or Wanton Conduct: If the defendant's actions are more than negligent and demonstrate a reckless disregard for the safety of others, it can qualify as wrongful death. This might involve extreme cases of negligence, such as driving under the influence of drugs or alcohol.
  3. Breach of Warranty: In some cases, wrongful death can result from a breach of warranty, such as when a defective product causes fatal injuries. Manufacturers and sellers can be held liable if their products are found to be unsafe and lead to death.

Typical Situations in Massachusetts Wrongful Death Lawsuits

Typical situations in wrongful death lawsuits include the following:

Specific Exclusions

Certain circumstances do not typically qualify for wrongful death claims in Massachusetts:

  • Workplace Accidents: Are generally covered under workers' compensation laws unless a third party or gross negligence is involved.
  • Railroad and Streetcar Incidents: Deaths occurring on or near railroad tracks or streetcar lines often have specific exclusions under Massachusetts law, though exceptions may apply​

If you have questions, simply contact us. The wrongful death attorneys at Brandon J. Broderick are available to help you, day or night.

Who Can File a Wrongful Death Lawsuit in Massachusetts?

Filing a wrongful death lawsuit in Massachusetts involves specific eligibility criteria that determine who can bring forth such a claim. Understanding these requirements is crucial for those seeking justice for the untimely death of a loved one. Here are the key aspects of eligibility:

Eligible Parties for Filing

1. Executor or Administrator of the Estate: Under Massachusetts law, the primary individual eligible to file a wrongful death lawsuit is the executor or administrator of the deceased's estate. This person is responsible for managing the estate and ensuring that the rightful beneficiaries receive any awarded damages. If the deceased had a will, the executor is typically named within it. In the absence of a will, the court appoints an administrator.

2. Spouse, Children, and Parents: While the executor or administrator is the official party who files the lawsuit, the surviving spouse, children, and parents are often the primary beneficiaries. If the deceased left no surviving spouse or children, the parents may be the ones to benefit from the wrongful death claim. In cases where the deceased has no close relatives, the administrator of the estate can proceed with the lawsuit.

Specific Scenarios

  • Spouses: A surviving spouse can significantly influence the wrongful death claim process. Even if legally separated at the time of death, a spouse still retains the right to be involved unless they are divorced from the deceased.
  • Children: Both biological and legally adopted children are considered in wrongful death claims. Stepchildren may also be included, depending on the specifics of the case and their relationship with the deceased.
  • Parents: If the deceased was unmarried and had no children, the parents can file a wrongful death lawsuit. If one parent is deceased, the surviving parent can proceed alone. In situations where both parents are deceased, the administrator of the estate steps in.

Legal Representation and Family Involvement

Even though the executor or administrator files the lawsuit, surviving family members should work closely with a wrongful death attorney in Massachusetts to ensure their interests are fully represented. Experienced wrongful death attorneys can help navigate the complexities of the case, from gathering evidence to representing the family’s interests in court.

If you have lost a loved one due to another's negligence or wrongful actions, understanding who is eligible to file a wrongful death lawsuit in Massachusetts is the first step towards seeking justice. Typically, the executor or administrator of the estate leads the process, with close family members being the primary beneficiaries. Consulting with an experienced Massachusetts wrongful death attorney at Brandon J. Broderick, Attorney at Law, can provide further guidance and ensure that all legal requirements are met.

What Is the Difference Between a Wrongful Death Claim and a Survival Action in Massachusetts?

In Massachusetts, both wrongful death claims and survival actions are legal avenues available to the families of deceased individuals to seek compensation for losses resulting from another party's negligence or intentional misconduct. While these two types of claims can sometimes overlap, they address different aspects of the loss and serve distinct legal purposes.

Wrongful Death Claim

A wrongful death claim is brought by the personal representative of the deceased's estate on behalf of the surviving family members. The primary goal is to compensate the family for the losses they have suffered due to the untimely death of their loved one.

Compensatory Aspects:

1. Economic Damages: This includes medical expenses incurred before death, funeral and burial costs, lost wages, and the loss of future earnings and benefits that the deceased would have provided to the family.

2. Non-Economic Damages: Compensation for the emotional pain and suffering endured by the family, loss of companionship and guidance, and the overall impact on the family's well-being.

3. Punitive Damages: In cases where the defendant's actions were particularly egregious or reckless, the court may award punitive damages to punish the wrongdoer and deter similar conduct in the future.

Survival Action

A survival action, also filed by the personal representative of the deceased's estate, is designed to compensate for the damages the deceased could have claimed if they had survived. This claim addresses the suffering and losses experienced by the deceased from the time of the injury until their death.

Compensatory Aspects:

1. Pre-Death Pain and Suffering: Compensation for the pain and suffering endured by the deceased between the time of the injury and their death.

2. Medical Expenses: Costs for medical treatment received by the deceased before their passing.

3. Lost Wages: Income lost from the time of injury until death, including any loss of earning capacity during that period.

Key Differences

1. Beneficiaries:

  • Wrongful Death Claim: The beneficiaries are typically the surviving family members, such as the spouse, children, and parents. The compensation goes directly to them to cover their losses.
  • Survival Action: The compensation is awarded to the deceased's estate and then distributed according to the will or state intestacy laws if there is no will.

2. Types of Damages:

  • Wrongful Death Claim: Focuses on compensating the family for their economic and non-economic losses resulting from the death.
  • Survival Action: Focuses on compensating the estate for the damages the deceased could have claimed if they had lived, including pre-death pain and suffering.

3. Legal Basis:

  • Wrongful Death Claim: Based on the impact of the death on the surviving family members.
  • Survival Action: Based on the impact of the injury on the deceased before their death.

Both wrongful death claims and survival actions are vital legal tools in Massachusetts for seeking justice and compensation following a wrongful death. While wrongful death claims focus on the losses suffered by the surviving family members, survival actions address the damages experienced by the deceased from the time of injury until their death. Understanding these differences is crucial for ensuring that all potential avenues for compensation are explored and that the rights of the deceased and their family are fully protected.

What Is the Statute of Limitations for Filing a Wrongful Death Claim in Massachusetts?

Understanding the statute of limitations for filing a wrongful death claim in Massachusetts is essential for those seeking justice for the loss of a loved one. This legal timeframe determines how long a plaintiff has to initiate a lawsuit following a wrongful death incident.

Massachusetts Statute of Limitations

In Massachusetts, the statute of limitations for filing a wrongful death claim is generally three years. This means that the lawsuit must be filed within three years from the date of the deceased person's death. If the claim is not filed within this period, the right to pursue legal action may be lost.

Discovery Rule Exception

An important exception to this rule is known as the "discovery rule." Under this rule, if the cause of death was not immediately apparent, such as in cases of toxic exposure, the statute of limitations begins when the executor or administrator of the deceased's estate becomes aware, or should have become aware, of the facts giving rise to the wrongful death claim. This can extend the filing deadline beyond the standard three-year period in certain circumstances.

Consequences of Missing the Deadline

Failing to file within the statute of limitations can result in the court dismissing the case, meaning the family of the deceased will lose the opportunity to seek compensation for their loss. Therefore, it's crucial to act promptly and consult with an attorney to understand the specific timelines and legal requirements involved.

The statute of limitations for filing a wrongful death claim in Massachusetts is a critical aspect of the legal process. With a standard period of three years from the date of death and potential extensions under the discovery rule, understanding and adhering to these timeframes is essential for preserving the right to seek justice. Consulting with an experienced wrongful death attorney can provide the necessary guidance and ensure that all legal avenues are properly pursued.

What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit in Massachusetts?

When pursuing a wrongful death lawsuit in Massachusetts, understanding the types of damages that can be recovered is crucial for the plaintiffs. These damages aim to compensate the family for both economic and non-economic losses resulting from the untimely death of a loved one.

Compensatory Damages

1. Economic Damages: These damages are intended to cover the financial losses incurred due to the wrongful death. They can include:

  • Medical Expenses: Costs related to the medical care provided to the deceased prior to death.
  • Funeral and Burial Expenses: Costs associated with the funeral and burial services.
  • Lost Wages and Benefits: Compensation for the income and benefits the deceased would have earned if they had lived.
  • Loss of Future Earnings: Projected income the deceased would have earned in the future.

2. Non-Economic Damages: These damages compensate for the non-financial aspects of the loss, such as:

  • Pain and Suffering: Compensation for the emotional distress and mental anguish experienced by the surviving family members.
  • Loss of Consortium: Damages for the loss of companionship, love, and affection that the deceased provided.
  • Loss of Society and Support: Compensation for the loss of the deceased's presence and the support they provided to the family.

Punitive Damages

In some cases, Massachusetts law allows for the awarding of punitive damages in wrongful death claims. Punitive damages are intended to punish the defendant for particularly reckless or intentional misconduct and to deter similar behavior in the future. These are awarded in addition to compensatory damages and are typically reserved for cases involving egregious conduct.

Factors Influencing the Amount of Damages

The amount of damages awarded in a wrongful death lawsuit can be influenced by several factors, including:

  • The Decedent's Age and Health: Younger and healthier individuals may result in higher compensatory damages due to the longer expected duration of earnings and support.
  • The Decedent's Income and Potential Future Earnings: Higher earning individuals might lead to larger economic damage awards.
  • The Relationship Between the Decedent and the Plaintiffs: Close relationships, such as those with spouses and children, may result in higher non-economic damages.

Brandon J. Broderick, Top Legal Representation in Massachusetts

Navigating the complexities of a wrongful death lawsuit and accurately calculating the potential damages requires the expertise of a skilled wrongful death attorney. Legal professionals can help gather the necessary evidence, present a compelling case, and ensure that the family's rights are fully protected throughout the legal process.

Recovering damages in a wrongful death lawsuit in Massachusetts involves both economic and non-economic compensations, as well as potential punitive damages in cases of severe misconduct. Understanding these categories and working with an experienced attorney can help families achieve justice and financial support following their loss.

How Is Negligence Proven in a Wrongful Death Case?

Proving negligence in a wrongful death case is a critical aspect of obtaining justice for the deceased and their family. In Massachusetts, demonstrating negligence involves several key elements that must be established to hold the responsible party liable.

Elements of Negligence

To prove negligence in a wrongful death case, the plaintiff must establish the following elements:

1. Duty of Care: The plaintiff must demonstrate that the defendant owed a duty of care to the deceased. This means showing that the defendant had a legal obligation to act in a certain way to prevent harm. For example, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide competent medical care.

2. Breach of Duty: The plaintiff must show that the defendant breached this duty of care. A breach occurs when the defendant's actions fall short of what a reasonable person would have done under similar circumstances. This can include acts of omission (failing to act) or commission (acting improperly).

3. Causation: It must be proven that the defendant's breach of duty directly caused the death of the deceased. This involves showing a direct link between the defendant's actions and the fatal incident. The plaintiff must establish both actual cause (the death would not have occurred but for the defendant's actions) and proximate cause (the death was a foreseeable result of the defendant's actions).

4. Damages: Finally, the plaintiff must demonstrate that the death caused quantifiable damages. This includes economic damages such as medical bills and funeral expenses, as well as non-economic damages like pain and suffering and loss of companionship.

Gathering Evidence

Proving negligence requires substantial evidence. Key types of evidence in wrongful death cases include:

  • Medical Records: Documentation of the deceased's medical treatment can help establish a breach of duty in medical malpractice cases.
  • Accident Reports: Police reports and accident reconstructions can provide critical information in cases involving vehicular accidents.
  • Witness Testimonies: Statements from witnesses who observed the incident or the defendant's actions can support claims of negligence.
  • Expert Testimonies: Experts in relevant fields can provide professional opinions on how the defendant's actions deviated from the standard of care.

Legal Standards and Burden of Proof

In Massachusetts, the burden of proof in a wrongful death case lies with the plaintiff. This means that the plaintiff must prove each element of negligence by a preponderance of the evidence, which means it is more likely than not that the defendant's actions caused the death.

Role of a Wrongful Death Attorney

A skilled wrongful death attorney is essential in navigating the complexities of proving negligence. An attorney can help gather and present evidence, work with experts, and develop a compelling case to demonstrate that the defendant's negligence led to the wrongful death.

Can Family Members Directly File a Wrongful Death Lawsuit?

In Massachusetts, the process of filing a wrongful death lawsuit involves specific legal procedures and designations regarding who has the right to file such a claim. Understanding these nuances is essential for families seeking justice for the loss of a loved one.

Legal Designation of the Claimant

1. Executor or Administrator: Under Massachusetts law, only the executor or administrator of the deceased's estate can file a wrongful death lawsuit. The executor is typically named in the deceased’s will, while an administrator is appointed by the court if no will exists. This legal representative acts on behalf of the estate and the beneficiaries to pursue the wrongful death claim.

2. Role of Family Members: While family members such as the spouse, children, or parents are often the primary beneficiaries of any awarded damages, they cannot directly file the wrongful death lawsuit. Instead, they must work through the executor or administrator. This structure ensures that the legal processes are streamlined and that the claim is managed by an appointed representative familiar with the estate’s overall administration.

Involvement of Family Members

Although family members cannot directly file the lawsuit, their involvement is crucial. They provide essential information, testimony, and support throughout the legal process. Their role includes:

  • Providing Evidence: Family members can offer valuable insights and evidence regarding the circumstances leading to the wrongful death. This can include medical records, witness statements, and personal accounts of the deceased's suffering and loss.
  • Supporting the Executor: Family members often work closely with the executor or administrator to ensure that all relevant information is included in the claim and that their interests are represented effectively.

Legal Representation

Family members are encouraged to seek legal counsel to understand their rights and the wrongful death claim process. An experienced wrongful death attorney can help navigate the complexities of the case, ensuring that the executor or administrator fulfills their duties and that the family’s interests are protected.

In Massachusetts, wrongful death lawsuits must be filed by the executor or administrator of the deceased's estate, not directly by family members. However, the involvement and support of family members are vital to the success of the claim. By working with a lawyer and providing the necessary evidence, families can help ensure that justice is served and that they receive the compensation they deserve.

What Is the Difference Between Compensatory and Punitive Damages in Wrongful Death Cases?

When pursuing a wrongful death lawsuit in Massachusetts, it is crucial to understand the types of damages that can be awarded: compensatory and punitive damages. Each has a distinct function in providing the family of the deceased with justice and compensation for their loss.

Compensatory Damages

Compensatory damages are intended to compensate the plaintiff for the actual losses incurred due to the wrongful death. These damages aim to make the family "whole" by covering both economic and non-economic losses.

Punitive Damages

Punitive damages are awarded not to compensate the plaintiff for a loss but to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future.

Criteria for Awarding Punitive Damages:

  • Egregious Conduct: The defendant's actions must be proven to be wanton, willful, or recklessly indifferent to the safety of others. (Examples: Drunk or drugged driving, intentional malice, Criminal acts or specific intent to cause harm.)
  • Deterrence: The aim is to deter the defendant and others from engaging in similar harmful behavior in the future.

Calculation:

  • Compensatory Damages: Quantified by the economic impact and the non-economic suffering endured.
  • Punitive Damages: Determined by the court based on the need to punish and deter, often involving consideration of the defendant's financial status to ensure the punishment is impactful.

Understanding the difference between compensatory and punitive damages in wrongful death cases is essential for families seeking justice. Compensatory damages aim to cover the economic and non-economic losses suffered due to the wrongful death, while punitive damages serve to punish the defendant for particularly egregious behavior and to deter similar actions in the future. Both types of damages play a crucial role in providing a sense of justice and financial relief to the bereaved family.

Can Wrongful Death Claims Be Filed for Workplace Accidents?

Understanding whether wrongful death claims can be filed for workplace accidents is crucial for families seeking justice after a tragic loss. In Massachusetts, the ability to file a wrongful death claim for a workplace accident involves specific legal considerations and often overlaps with workers' compensation laws.

Workers' Compensation vs. Wrongful Death Claims

1. Workers' Compensation:

Primary Remedy: In Massachusetts, workers' compensation is typically the primary remedy for workplace injuries and deaths. This system provides financial benefits to the deceased worker’s family, covering medical expenses, funeral costs, and a portion of lost wages without the need to prove employer negligence.

No-Fault System: Workers' compensation operates on a no-fault basis, meaning that the employee's family can receive benefits regardless of who was at fault for the accident.

2. Wrongful Death Claims:

Third-Party Liability: While workers' compensation generally covers most workplace accidents, there are instances where a wrongful death claim can be filed. This usually occurs when a third party, other than the employer, is responsible for the death. For example, if a defective piece of machinery caused the fatal accident, the manufacturer of that machinery could be liable in a wrongful death claim.

Employer Negligence: In some rare cases, if the employer's actions were egregiously negligent or willful, it might open the door for a wrongful death lawsuit outside the workers' compensation system. However, these cases are challenging and require substantial evidence of the employer's misconduct.

Circumstances Allowing Wrongful Death Claims in Workplace Accidents

1. Defective Products: If the death was caused by defective equipment or machinery, the manufacturer or distributor of the defective product could be held liable through a wrongful death claim.

2. Third-Party Negligence: If a third-party contractor or another entity’s negligence led to the fatal accident, the deceased’s family could pursue a wrongful death claim against that party.

3. Intentional Harm: If the death resulted from intentional harm or egregious negligence by the employer, there may be grounds for a wrongful death claim beyond the workers' compensation system. However, proving such cases requires clear and convincing evidence of the employer's intent or extreme negligence.

Navigating the complexities of wrongful death claims in the context of workplace accidents in Massachusetts requires specialized legal expertise. Families should consult with a wrongful death attorney who understands both workers' compensation and wrongful death laws, such as Brandon J. Broderick, to explore all possible avenues for compensation and justice.

What Should I Do Immediately After Deciding to File a Wrongful Death Lawsuit?

When you decide to file a wrongful death lawsuit, the first crucial step is to consult with an experienced wrongful death attorney. This initial consultation is typically free and allows you to discuss the details of your case, understand your legal rights, and evaluate the attorney's expertise. The attorney will guide you through the legal process, help you gather essential evidence, and develop a strong case strategy. During this time, it is important to collect all relevant documents, such as medical records, police reports, and any other pertinent information that can support your claim.

The next step is to file the lawsuit promptly to ensure you meet the statute of limitations, which in Massachusetts is generally three years from the date of death. Your attorney will handle the filing process and manage all legal paperwork, allowing you to focus on your family and healing during this difficult time. It is also essential to stay in close communication with your attorney, providing any additional information they may need, and attending all necessary legal meetings and depositions. This proactive approach will help ensure that your case is well-prepared and that you have the best chance of securing the compensation you deserve for your loss.

How Long Does It Take to Resolve a Wrongful Death Lawsuit in Massachusetts?

Resolving a wrongful death lawsuit in Massachusetts can vary significantly based on several factors. Understanding the timeline and the elements that influence the duration can help families set realistic expectations and plan accordingly.

Typical Timeline in Massachusetts

1. Initial Investigation and Filing: 

  • Consultation and Evidence Gathering: The process begins with consulting a wrongful death attorney, investigating the case, and gathering evidence. This phase can take several weeks to several months, depending on the complexity of the case and the availability of evidence.
  • Filing the Lawsuit: Once sufficient evidence is gathered, the attorney files the wrongful death lawsuit. This involves drafting and submitting legal documents to the appropriate court, which typically takes a few weeks.

2. Pre-Trial Phase:

Discovery Process: Both parties engage in the discovery process, where they exchange information, documents, and take depositions. This phase is crucial for building the case and can last several months to over a year, depending on the complexity and cooperation of the parties involved.

Motions and Hearings: Pre-trial motions and hearings may occur during the discovery process. These legal maneuvers can add to the timeline but are necessary for resolving procedural and substantive issues.

3. Settlement Negotiations:

  • Mediation and Negotiations: Many wrongful death cases are settled out of court through mediation or negotiations between the parties. Settlement discussions can take a few weeks to several months. If a settlement is reached, it can significantly shorten the overall timeline.

4. Trial Phase:

  • Court Scheduling: If the case goes to trial, the timeline depends on the court’s schedule and availability. Trials can be scheduled several months to over a year from the filing date.
  • Trial Duration: The trial itself can last from a few days to several weeks, depending on the complexity of the case and the number of witnesses and evidence presented.

5. Post-Trial Phase:

  • Verdict and Appeals: After the trial, there may be post-trial motions and potential appeals, which can extend the duration by several months to years. Appeals involve reviewing the trial’s proceedings and verdict, which adds additional time to the resolution.

Factors That Can Influence the Timeline

  • Complexity of the Case: More complex cases with multiple defendants, extensive evidence, or complicated legal issues take longer to resolve.
  • Cooperation of Parties: The willingness of parties to cooperate during discovery and settlement negotiations can significantly affect the duration.
  • Court Schedules: The availability and scheduling capacity of the court system also play a crucial role in determining the timeline.
  • Settlement vs. Trial: Cases that settle out of court resolve much faster than those that go to trial. Trials and subsequent appeals can add years to the process.

The timeline for resolving a wrongful death lawsuit in Massachusetts varies widely, typically ranging from several months to several years. Factors such as the complexity of the case, cooperation during the discovery process, court schedules, and whether the case is settled out of court or goes to trial all influence the duration. Consulting with an experienced wrongful death attorney can provide a more precise estimate based on the specifics of the case.

How Much Does It Cost to Hire a Wrongful Death Attorney in Massachusetts?

Most wrongful death attorneys in Massachusetts work on a contingency fee basis. This means that the attorney’s fee is contingent upon winning the case. If the case is successful, the attorney receives a percentage of the settlement or court-awarded damages. If the case is not successful, the client does not owe any attorney fees.

No Upfront Costs: Clients do not have to pay any upfront costs or hourly fees. This arrangement allows families to pursue legal action without the burden of initial legal fees.

Free Initial Consultation

Most wrongful death attorneys in Massachusetts offer a free initial consultation. This allows potential clients to discuss their case, understand the attorney’s fee structure, and evaluate whether they feel comfortable with the attorney’s approach before committing to any legal representation. It is advisable to discuss all potential costs and fee structures during the initial consultation to ensure clarity and alignment with your financial situation.

Brandon J. Broderick, Attorney at Law: Peace of Mind for You, Justice for Your Loved One

Losing a loved one in a wrongful death accident is an unimaginable tragedy, and the pain and grief can be overwhelming. At the law firm of Brandon J. Broderick, we understand the emotional and financial burdens you are facing during this difficult time. Our compassionate team is here to stand by your side, offering unwavering support and expert legal guidance. We are dedicated to ensuring that justice is served and that you receive the compensation you deserve to help ease the financial strain of your loss.

Choosing the right legal representation is crucial, and at Brandon J. Broderick, we pride ourselves on our empathetic approach and tireless advocacy for our clients. We know that no amount of money can replace your loved one, but we are committed to helping you navigate the legal process with care and sensitivity. Our experienced attorneys will handle every aspect of your case, allowing you to focus on healing and remembering your loved one. Contact us today to discuss your case during a free consultation, and let us help you seek the justice and peace that you and your family deserve.

We have multiple office locations across Massachusetts, including Barnstable, Boston, Brockton, Cambridge, Fall River, Haverhill, Lawrence, Lowell, New Bedford, North Attleborough, Springfield, and Worcester. We're here day or night to support you, protect your legal rights, and help alleviate your difficulties, allowing you to focus on healing and remembering your loved one.

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