Boston Wrongful Death Lawyer

Reviewed by Christopher Murphy, Esq. · Updated July 2026 · General information, not legal advice.

Losing someone you love because another person or a company was careless changes everything in an instant. The phone call, the hospital hallway, the drive home to a house that is suddenly too quiet. If you are reading this in Boston or one of the surrounding towns, you are probably trying to hold your family together and, somewhere in the back of your mind, wondering whether the death could have been prevented and what you are supposed to do next. This page is written for you. It explains how Massachusetts wrongful death law works, how these cases are handled in and around Boston, and how our attorneys can help without adding to the weight you are already carrying.

What a wrongful death claim is under Massachusetts law

A wrongful death claim is the way Massachusetts allows a family to hold someone accountable when a death was caused by negligence, a reckless act, or a wrongful failure to act. The governing statute is M.G.L. c. 229, § 2. It provides that the person or company legally responsible for a death may be required to compensate the surviving family for the loss. The point is not punishment for its own sake. The law recognizes that a life had value to the people who depended on it, and that the family should not bear the financial and human cost alone.

One point surprises many families, so it is worth stating plainly. In Massachusetts a wrongful death case is brought by the estate, not directly by the grieving relatives in their own names. That distinction shapes almost everything that follows, from who signs the paperwork to which courthouse the case touches.

Who is allowed to bring the case

The claim is filed by the personal representative of the deceased person’s estate. That is the person the Probate and Family Court appoints, sometimes called the executor if there is a will or the administrator if there is not. The personal representative brings the case on behalf of the statutory beneficiaries, usually the surviving spouse, children, and in some situations the parents or next of kin.

Families are often unsure who should serve in this role, especially when several relatives are grieving at once. It can be handled cooperatively, and it does not have to become a source of conflict. We walk families through the appointment step by step so it feels manageable. For a fuller explanation of eligibility and the beneficiary rules, see our page on who can file a wrongful death claim in Massachusetts.

Where Boston wrongful death cases are handled

Two separate courts usually come into play, and understanding the split removes a lot of confusion.

• The estate itself is opened in the Probate and Family Court for the county where your loved one lived. For most Boston residents that is the Suffolk County Probate and Family Court. This is where the personal representative is appointed and given authority to act.
• The wrongful death lawsuit, once the estate is in place, is typically filed in the Superior Court. For incidents in Boston that generally means Suffolk Superior Court, though the proper venue can depend on where the incident happened and where the parties are located.

You do not need to map this out on your own. Coordinating the probate side with the injury side is part of what we do, and we make sure the two tracks move together rather than tripping over each other.

The deadline to file, and why it is shorter for some Boston cases

Massachusetts generally gives families three years to bring a wrongful death claim, and the clock is set by M.G.L. c. 229, § 2 read together with the limitations provisions in M.G.L. c. 228, § 1. Three years can feel like a long time when you are in the first raw weeks of grief. It is not. Evidence disappears, witnesses move, and the other side starts building its defense immediately.

There is a trap in Boston cases that families need to know about. When the party at fault is a public entity, the ordinary timeline is not the one that controls. The Massachusetts Tort Claims Act, M.G.L. c. 258, governs claims against government defendants, and it requires a written presentment of the claim to the proper executive officer well before any lawsuit, on a much shorter schedule than the three-year period. Public defendants in and around Boston are more common than people expect. They include:

• City-owned vehicles and equipment, and dangerous conditions on city streets, sidewalks, and public roads;
• The MBTA, its buses, trains, stations, and platforms;
• Public hospitals and public medical facilities;
• State and municipal agencies and their employees acting in the scope of their work.

If any government body may share responsibility, the presentment requirement under c. 258 can effectively end a strong case before it starts if it is missed. This is one of the biggest reasons to speak with an attorney early rather than waiting. Our page on the Massachusetts wrongful death statute of limitations goes through the deadlines in more detail, but the safe move is simple: call and let us calendar the dates for you.

The Boston cases we see most often

Wrongful death claims come out of many kinds of tragedy. In Greater Boston, several patterns recur, and each has its own proof and its own defenses.

• Car and truck crashes, including highway collisions, pedestrians struck in the city, and commercial trucking cases on routes into and out of Boston.
• Medical malpractice at Boston’s hospitals and medical centers, from missed diagnoses and surgical errors to medication and monitoring failures.
• Workplace and construction fatalities, which are a real risk on the many building and infrastructure sites across the city.
• Nursing home neglect, including falls, pressure injuries, dehydration, medication errors, and inadequate staffing.
• Impaired driving deaths caused by drivers under the influence of alcohol or drugs.

Some cases involve more than one of these at once. A crash may involve both an impaired driver and a commercial employer. A hospital death may raise both a malpractice question and a public-entity question. We look at the whole picture rather than forcing your loss into a single box.

What families can recover

Massachusetts law under c. 229, § 2 recognizes that the harm from a death is not only financial. The statute allows recovery for the loss of the person’s expected income and services, and also for the loss of their care, companionship, guidance, and comfort, along with reasonable funeral and burial expenses. In cases involving especially serious misconduct, the statute also allows for punitive damages under defined conditions.

We do not put dollar figures on this page, and we are wary of anyone who promises a number before they have seen the facts. Every family and every loss is different. What we can tell you is how the categories work and how the value of a life gets proven with real evidence rather than guesswork. Our page on wrongful death damages in Massachusetts explains each category in plain language.

How the investigation works and why early action matters

A wrongful death case is built long before anyone walks into a courtroom. The strongest cases are the ones where the evidence was locked down while it still existed. Early on, we work to:

• Send preservation notices so vehicles, equipment, video, and records are not repaired, overwritten, or discarded;
• Obtain police reports, incident reports, and any government agency file;
• Secure medical records and, in malpractice cases, have them reviewed by qualified experts;
• Identify and interview witnesses while memories are fresh;
• Bring in reconstruction, engineering, or medical specialists when the cause of death is disputed.

Time works against families here. Surveillance footage in Boston is often erased within days or weeks. A truck can be back on the road, and a defective part can be gone. When a public entity is involved, the presentment clock under c. 258 is already running. Acting early protects a case you may not yet realize you have. The full sequence is laid out on our wrongful death claim process page.

What the process looks like for your family

Most families have never dealt with a lawsuit and do not want to start now. We keep the burden on our side. After the estate is opened and the personal representative is appointed, we handle the investigation, the filings, the communication with insurers and defense lawyers, and the deadlines. You are kept informed and consulted on the decisions that matter, and you are never left guessing about where things stand. Many wrongful death matters resolve through settlement, and some go to trial. We prepare every case as though it will be tried, because that is what puts a family in the strongest position either way.

Why families work with our attorneys

There are a lot of firms advertising for these cases. Here is what is different about ours, in concrete terms.

• When you call, you speak with an attorney, not a screener or a call center reading from a script.
• The attorney you meet with is the attorney who handles your case. Your family is not handed off to someone you have never met.
• We have represented Massachusetts families since 1994, and we know the local courts, the local defense bar, and the local hospitals and agencies.
• The consultation is free, and it comes with no obligation.
• We work on a contingency fee, which means there is no attorney fee unless we recover for you.
• If it is hard for you to come to us, we travel to families, at home or wherever you are most comfortable.

You can reach us at 617-415-2100. There is no cost to ask a question, and no pressure to do anything before you are ready.

Serving Boston and the surrounding communities

We represent families throughout Suffolk County and Greater Boston, from the neighborhoods of the city to the towns north and south of it. If your loss happened here, or your loved one lived here, we can help you understand your options under Massachusetts law and, if you choose, carry the case forward so you can focus on your family.

Questions families ask

Do you handle wrongful death cases in Boston and near me?

Yes. We represent families across Boston, Suffolk County, and the surrounding Greater Boston communities. If travel is difficult, we come to you. Call 617-415-2100 and you will speak with an attorney who can tell you whether we are the right fit for your situation.

Who actually files the claim, my family or the estate?

Under M.G.L. c. 229, § 2, the case is brought by the personal representative of your loved one’s estate on behalf of the surviving family. The Probate and Family Court, usually Suffolk County for Boston residents, appoints that representative. We handle both the probate step and the injury case so the two move together.

How long do I have to bring a case?

Massachusetts generally allows three years, set by c. 229, § 2 and c. 228, § 1. The deadline is much shorter, and requires an early written presentment under the Tort Claims Act, c. 258, when a public entity such as the MBTA, a public hospital, or a city vehicle is involved. Because those situations are common in Boston, it is best to call as soon as you can so no deadline is missed.

What will this cost me?

The consultation is free. We take wrongful death cases on a contingency fee, so there is no attorney fee unless we obtain a recovery for your family. We will explain the fee agreement in full before you decide anything.

The death happened at a Boston hospital. Is that a wrongful death case?

It may be. Deaths from missed diagnoses, surgical errors, and monitoring or medication failures can support a medical malpractice wrongful death claim, and some Boston facilities are public entities with shorter deadlines under c. 258. We review the records with qualified experts before reaching any conclusion. See our medical malpractice wrongful death page, then call us to talk it through.

Related guides

Who can file a claim · What families can recover · Deadlines that apply · The wrongful death statute · The claim process