Wrongful Death

In contrast with murder and manslaughter, which involves the taking of a human life without legal justification, which are criminal acts punishable by imprisonment or death, claims for “wrongful death” are civil actions, by which the estate of the decedent seeks monetary compensation for death brought about by negligence. The law, which allows the estate of a deceased person to recover monetary damages, is Massachusetts General Laws, Chapter 229, the so-called “Wrongful Death Statute”. According to the statute, where the death of an individual is due to either the negligence or to the “willful, wanton or reckless” conduct of a third party, the person(s) designated by the Probate Court as the estate’s legal representative (referred to as the “Executor/trix” (where a Last Will and Testament exists) or the “Administrator/trix” (where no such will exists) may bring a civil action against the responsible parties to recover damages on behalf of all legal heirs or beneficiaries of the decedent.

The amount of monetary compensation to which the estate is legally entitled to recover is set forth in G.L. c. 229 §2, which states:

A person who (1) by his negligence causes the death of a person, or (2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (3) operates a common carrier of passengers and by his negligence causes the death of a passenger, or (4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death, shall be liable in damages in the amount of: (1) the fair monetary value of the decedent to the persons entitled to receive the damages recovered, as provided in section one, including but not limited to compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent to the persons entitled to the damages recovered; (2) the reasonable funeral and burial expenses of the decedent; (3) punitive damages in an amount of not less than five thousand dollars in such case as the decedent's death was caused by the malicious, willful, wanton or reckless conduct of the defendant or by the gross negligence of the defendant; except that (1) the liability of an employer to a person in his employment shall not be governed by this section, (2) a person operating a railroad shall not be liable for negligence in causing the death of a person while walking or being upon such railroad contrary to law or to the reasonable rules and regulations of the carrier and (3) a person operating a street railway or electric railroad shall not be liable for negligence for causing the death of a person while walking or being upon that part of the street railway or electric railroad not within the limits of a highway. A person shall be liable for the negligence or the willful, wanton or reckless act of his agents or servants while engaged in his business to the same extent and subject to the same limits as he would be liable under this section for his own act. Damages under this section shall be recovered in an action of tort by the executor or administrator of the deceased. An action to recover damages under this section shall be commenced within three years from the date of death, or within three years from the date when the deceased's executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action, or within such time thereafter as is provided by section four, four B, nine or ten of chapter two hundred and sixty.

Parker Scheer attorneys have successfully represented the estates of individuals killed as a result of medical malpractice, defective products (product liability), car accidents, and negligent service of alcohol (“dram shop cases), in addition to other legal theories of negligence.

Find Out If You Have A Case

To find out more information about wrongful death law and evaluate your case, contact us for a free confidential case review and receive a response within hours, or call toll free 866-414-0400. If you need a lawyer outside of Massachusetts, contact us for a referral.

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