Clear Answers for Families After a Loss That Should Never Have Happened
Losing someone to another’s negligence brings legal questions at the worst possible time. This is a careful, plain-language guide to your family’s rights under Massachusetts law, from attorneys who have handled these cases for more than thirty years.
families for 30+ years
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You do not have to make sense of this alone.
In the days after a sudden loss, families are asked to make legal and financial decisions no one prepares for. Our role is to carry that weight, explain what the law allows, and give you room to grieve.
Wrongful Death in Massachusetts, Explained
Start with the questions families ask first. Each guide is written and reviewed by our attorneys, in plain language.
Who Can File a Claim?
In Massachusetts the claim belongs to the estate, brought by a personal representative for the family. We explain who that is and how they’re appointed.
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What You Can Recover
Massachusetts recognizes several kinds of loss, from income to companionship and care. We explain each one honestly, without inflated promises.
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How Long You Have
Wrongful death claims carry deadlines, and some are far shorter than three years. Missing one can end a claim before it begins.
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Massachusetts Attorneys Who Handle These Cases With Care
This guide is published by a Massachusetts personal injury and wrongful death firm that has represented families since 1994. Wrongful death cases are not routine to us, and we do not treat them that way.
When you call, you speak with an attorney, not a screener, and the attorney you meet is the one who handles your family’s case. There is never a fee to talk with us, and never a fee unless we recover for you.
Stephen V. Scalli
Chris Murphy
Aidan E. Murphy
Jonathan Contrada
Joe LloydCommon Wrongful Death Cases in Massachusetts
A claim can arise whenever negligence takes a life. These are the circumstances families come to us with most.
Car & Truck Accidents
Fatal crashes caused by distracted, impaired, or negligent drivers and commercial carriers.
Medical Malpractice
Deaths caused by misdiagnosis, surgical error, or negligent hospital care.
Workplace & Construction
Fatal job-site incidents, including third-party claims families often don’t know exist.
Nursing Home Neglect
Preventable deaths from neglect, falls, or inadequate care in long-term facilities.
Drunk & Impaired Driving
Losses caused by drivers who chose to get behind the wheel impaired.
Defective & Unsafe Products
Deaths caused by dangerous products, equipment, or unsafe premises.
How a Wrongful Death Claim Works
You never have to know any of this before you call. Here is the path, so nothing feels like a surprise.
Key things to know
- The claim is brought by the estate’s personal representative under M.G.L. c. 229, §2, on the family’s behalf.
- Recoverable losses include the person’s expected income and their care, companionship, and guidance.
- The deadline is generally three years, but claims against public entities have far shorter notice periods.
- A separate “survival” claim under c. 228, §1 may recover for the person’s own conscious suffering before death.
We Listen
A free, private conversation. You tell us what happened; we tell you honestly whether there may be a claim.
Appointment & Investigation
We help appoint a personal representative and gather records and evidence while your family focuses on healing.
The Claim
We present the claim to the responsible parties and their insurers, and prepare it as if it will go to trial.
Resolution
Through settlement or a courtroom, we pursue the full recovery Massachusetts law allows for your family.
Families We Have Stood Beside
“He called frequently to see how my recovery was going and to check on how I was feeling. An excellent attorney who will work hard for you to get the best possible outcome.”
“These are the people I trust. I have always turned to them when I had an issue and send all my friends and family.”
Massachusetts Wrongful Death FAQ
Who is allowed to bring a wrongful death claim in Massachusetts?
Under the Massachusetts wrongful death statute (M.G.L. c. 229, §2), the claim is brought by the personal representative of the person’s estate, on behalf of the surviving family members the law recognizes. If no representative has been appointed yet, we help with that step.
How long do we have to file?
Generally three years from the date of death, but the starting point can vary, and claims involving a city, town, or state entity require formal notice on a much shorter timeline. Because a missed deadline can permanently end a claim, it’s worth asking early even if you’re not ready to decide anything.
What can a wrongful death claim recover?
Massachusetts recognizes several categories, including the loss of the person’s expected income and the loss of their care, companionship, and guidance, along with reasonable funeral and burial costs. Where the death resulted from gross negligence, additional (punitive) damages may be available. A separate survival action under c. 228, §1 may recover for the person’s own conscious pain and suffering before death.
What does it cost to talk with a lawyer?
Nothing. The consultation is free, and wrongful death cases are handled on a contingency fee, which means there is no fee unless we recover for your family.
Attorney at Scalli Murphy Law, P.C. · Last reviewed July 2026 · This overview is general information, not legal advice.
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