Losing someone because another person was careless, or reckless, or cut a corner they never should have, is a particular kind of pain. You are grieving and also being asked to make decisions: about the estate, about the funeral, about whether to sign the form an insurance adjuster mailed you. This page is for Norfolk County families trying to understand where they stand. We are Scalli Murphy Law, and we handle Massachusetts wrongful death claims for families across the county, from Quincy and Weymouth to Brookline, Needham, Milton, Braintree, and Franklin. We do not have a Norfolk office, and we will tell you plainly when something is not worth the fight. Call us at 617-415-2100.
What a wrongful death claim actually is in Massachusetts
A wrongful death claim is a civil case brought after someone dies because of another party’s negligence or wrongful act. It is separate from any criminal charge, and it does not depend on one. The Massachusetts wrongful death statute, M.G.L. c. 229, § 2, sets out who may recover and for what. In our state, the claim belongs to the estate, not to the family members individually, which surprises a lot of people. The personal representative of the estate brings the case on behalf of the statutory beneficiaries, usually the spouse, children, or next of kin.
There is a second, related claim worth knowing about. A survival action under M.G.L. c. 228, § 1 covers what your loved one themselves went through between the injury and death: the conscious pain, the medical bills, the lost earnings in that window. The two claims often travel together. One looks at the family’s loss. The other looks at what the person endured.
Who can bring the case, and why the estate comes first
Before a wrongful death suit can move, the Probate and Family Court has to appoint a personal representative. For Norfolk County that court serves the county from Canton and Dedham, and it is where the estate is opened and the representative is named. Families sometimes lose weeks assuming they can just file suit; they cannot, not until someone has legal authority to act for the estate. If you are unsure who that should be, we walk families through it. We have a fuller explanation at who can file a wrongful death claim in Massachusetts.
What the law lets a family recover
Massachusetts allows recovery for real, human losses, not just receipts. Under the statute, beneficiaries may recover for the loss of the person’s care, companionship, guidance, and counsel, along with lost income and the reasonable funeral and burial costs. In cases of gross negligence or willful conduct, the statute also allows punitive damages. The Supreme Judicial Court upheld a substantial punitive award in Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013), which tells you the state takes egregious conduct seriously.
Here is the honest part. There is no average, and anyone who quotes you a number early is guessing or selling. Value is built from the facts and the records: who your loved one was, who depended on them, how the death happened, and what the evidence shows. We explain how that gets assembled on our page about wrongful death damages in Massachusetts.
The deadline is real, and it is not the day you think
Massachusetts generally gives three years to file a wrongful death claim. Miss it and the case is usually gone, no matter how strong it was. Two things complicate the clock. When the death involves a public entity, a city, a state agency, a public hospital, the Massachusetts Tort Claims Act, M.G.L. c. 258, requires written presentment of the claim within a strict window before you can sue, and that deadline arrives long before the three years. And the “when did the clock start” question is not always obvious, because it can turn on when the cause of death was or should have been discovered. Do not wait to find out. Details are on our statute of limitations page.
The kinds of cases we see across Norfolk County
Norfolk County is dense in some places and highway-fast in others, and both create risk.
- Motor vehicle crashes. Interstate 93 and Route 128, the Southeast Expressway, Route 1, Route 3, Route 24, and Route 9 all run heavy traffic through the county. High-speed merges and congestion produce fatal collisions. See car crash wrongful death claims.
- Pedestrian deaths. Walkable town centers in Quincy, Brookline, and Milton put people in crosswalks near fast roads. More on pedestrian wrongful death cases.
- Medical negligence. With South Shore Health in Weymouth, Beth Israel Deaconess Milton, and Norwood Hospital serving the county, medical care is central here, and sometimes it goes wrong.
Medical malpractice deaths follow their own rules
When the death happened because of medical care, the case runs through an extra gate. Under M.G.L. c. 231, § 60B, a medical malpractice claim goes before a tribunal that reviews whether there is a legitimate question of negligence before the case proceeds. Massachusetts also recognizes “loss of chance” in this area. In Matsuyama v. Birnbaum, 452 Mass. 1 (2008), the SJC held that a family may recover when negligent care destroyed a meaningful chance of survival, even if the patient was already seriously ill. These cases lean hard on the records and on qualified experts. We handle them; read medical malpractice wrongful death for how.
What happens if your loved one was partly at fault
Families ask this constantly, usually in a low voice, because they are afraid the answer ends everything. It usually does not. Massachusetts uses comparative negligence under M.G.L. c. 231, § 85. As long as your loved one’s share of fault was not greater than the defendant’s, the family can still recover; the recovery is reduced by that percentage. Fault greater than the defendant’s bars the claim. So being 50% at fault does not close the door. Being 51% does. Insurers push these percentages hard, which is one reason to have someone pushing back.
Where the case is filed and how it moves
Larger Norfolk County wrongful death cases are filed in the Norfolk County Superior Court, which sits in Dedham, the county seat. The path from filing to resolution runs through investigation, the estate appointment, discovery, expert review, and often mediation before any trial. It takes patience. Our overview of the wrongful death claim process lays out each stage, and the broader Massachusetts wrongful death guide ties it together. If your case sits closer to the city line, our Quincy and Boston pages may fit better.
Questions families ask
Do we have to open an estate before we can sue?
Yes. The claim belongs to the estate, so the Probate and Family Court must appoint a personal representative first. Only that person can bring the wrongful death suit for the beneficiaries. We help families get this in motion quickly.
How long do we have to file?
Generally three years, but do not rely on that alone. Claims against a public entity require earlier written presentment under the Tort Claims Act, and the start date can depend on when the cause of death was discovered. Call before you assume you have time.
What is a fair value for a case like ours?
There is no meaningful average, and we will not throw out a number to win your trust. Value comes from the facts and the records: who your loved one was, who depended on them, and what the evidence proves. Anyone quoting figures this early is guessing.
Can we still recover if our loved one was partly to blame?
Usually yes. Under Massachusetts comparative negligence, you can recover as long as their fault was not greater than the defendant’s, with the award reduced by their share. Fault greater than the defendant’s is the only bar.
What will a lawyer cost us right now?
Nothing up front. We handle wrongful death cases on contingency, which means no fee unless we recover for your family.
If someone you love died because another party was careless, talk to us before you sign anything or let a deadline pass. No fee unless we recover. Call Scalli Murphy Law at 617-415-2100.
Related guides
Complete guide · Who can file · What families recover · Deadlines · The claim process
Attorney at Scalli Murphy Law, P.C. Massachusetts personal injury and wrongful death practice since 1994. This overview is general information and not legal advice.
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