When someone you love is killed by another person’s carelessness, the law calls it a wrongful death claim. That phrase feels cold, and it is. What you are really dealing with is a hole in your family and a pile of questions nobody prepared you for. This page is for families across Plymouth County trying to understand what a claim actually involves, how these cases work in Massachusetts, and what to watch for before you sign anything or talk to an insurance company. Our firm serves families throughout the county; we do not have a Plymouth office, and you should be wary of any lawyer who tells you your case is worth a specific number in the first phone call.
Who is allowed to bring the claim
In Massachusetts, a wrongful death claim is not filed by the family members directly. It is filed by the personal representative of the person who died, on behalf of the surviving family. That is the rule under M.G.L. c. 229, § 2. If your loved one had a will, the named executor usually takes that role. If there was no will, someone has to be appointed administrator through the Probate and Family Court. For Plymouth County, that court sits in Plymouth, and getting a personal representative appointed is often the first real step before a claim can move forward.
The money recovered is distributed to the statutory beneficiaries: typically a spouse, children, and in some cases other next of kin. Sorting out who is entitled to what is its own question, and it is worth getting right early. We walk through the details on our page about who can file a wrongful death claim in Massachusetts.
Where these cases are handled in Plymouth County
Plymouth County covers a lot of ground in southeastern Massachusetts, from Brockton, its largest city, down through Bridgewater and out to the coastal towns of Marshfield, Plymouth, and Wareham. That mix matters. A fatal crash on Route 3 heading toward the Cape looks different from a pedestrian death on a Brockton street or a fall in a nursing home in one of the quieter towns.
The Plymouth County Superior Court holds sessions in both Brockton and Plymouth, and most serious wrongful death lawsuits are filed there. Probate matters, including appointment of the personal representative, go through the Plymouth Probate and Family Court. If the death happened in the city itself, our Brockton wrongful death lawyer page goes deeper on that community, and families closer to the city may also want our Boston page.
The common ways these deaths happen here
Plymouth County’s roads carry a heavy load. Route 3 is the main artery to Cape Cod and jams with summer traffic. Route 24 and Interstate 495 move fast, and Routes 44, 18, and 28 run through a patchwork of city, suburb, and shore. Fatal collisions on these roads are a large share of the cases we see.
- Fatal car and truck crashes, including high-speed highway collisions and intersection wrecks on the state routes.
- Pedestrian deaths, more common in denser areas like Brockton where people walk along busy roads.
- Medical malpractice deaths tied to care at area hospitals such as Signature Healthcare Brockton Hospital, Good Samaritan Medical Center, Beth Israel Deaconess Plymouth, and the South Shore Health system.
- Workplace deaths, drownings and boating incidents along the coast, and nursing home neglect.
The cause shapes everything: who is responsible, what proof you need, and which deadlines apply. A hospital death, for example, runs through a different track than a rear-end crash.
Medical malpractice deaths follow a different path
When a death happens in a hospital or clinical setting, Massachusetts adds a step that most families never expect. A medical malpractice claim has to clear a medical malpractice tribunal under M.G.L. c. 231, § 60B before it goes forward. You present enough evidence to show your claim is more than an unfortunate outcome. It is a real hurdle, and it is one reason these cases demand early investigation and expert review.
Massachusetts also recognizes claims where negligent care took away a meaningful chance of survival, even if the patient was already very sick. The Supreme Judicial Court accepted that “loss of chance” theory in Matsuyama v. Birnbaum, 452 Mass. 1 (2008). It is a hard thing to hear, and a harder thing to prove, but it is real law here.
The deadline is shorter than you think
Massachusetts generally gives you three years to file a wrongful death lawsuit. The clock usually starts at the date of death, though there are wrinkles about when a family reasonably should have known the death was caused by someone’s negligence. Do not lean on those wrinkles. Evidence disappears, witnesses move, and vehicles get repaired or scrapped.
If a government body is involved, a city, a town, a public hospital, or a public road defect, the timeline gets tighter. The Massachusetts Tort Claims Act, M.G.L. c. 258, requires you to present your claim in writing to the right official before you can sue, and that presentment deadline comes fast. Miss it, and a strong case can be lost on a technicality. More on timing is on our statute of limitations page.
What a family can recover, and why there is no “average”
People want a number. There isn’t one. Anyone who quotes you an average is guessing or selling. Under the wrongful death statute, a family can seek the value of what the loss took from them: the lost income and services the person provided, and the loss of their care, companionship, comfort, guidance, and counsel. A separate survival action under M.G.L. c. 228, § 1 can cover the conscious pain and suffering the person endured before death.
Where the conduct was especially reckless, Massachusetts allows punitive damages, and in Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013), the SJC upheld a substantial punitive award in a death case. The value of any single claim comes out of the facts and the records, not a formula. We explain the categories on our wrongful death damages page.
What if your loved one was partly at fault
Being partly at fault does not automatically end a claim. Massachusetts uses comparative negligence under M.G.L. c. 231, § 85. A family can still recover as long as the person who died was not more at fault than the defendant. If their share of the blame is 50% or less, meaning not greater than the other side’s, the claim survives, and any recovery is reduced by that percentage. It is barred only when their fault is greater than the defendant’s. Insurers push hard on this, especially in crash cases, so how the story gets told matters.
How the process usually unfolds
The early weeks are about preserving proof and getting the personal representative appointed. After that comes investigation, gathering records, and often a claim to the responsible party’s insurer before any lawsuit is filed. Many cases resolve through settlement; some go to a jury. The right path depends on the facts, the insurance available, and whether the other side deals fairly. Our overview of the wrongful death claim process and the broader Massachusetts wrongful death guide lay out the sequence step by step.
Questions families ask
Do I need to open an estate before filing?
Usually, yes. The claim is brought by the personal representative, so someone has to be appointed by the Probate and Family Court, which for this county sits in Plymouth. We handle that appointment as part of the case so it does not fall on you alone.
How long do we have to act?
Generally three years from the date of death, and shorter if a government entity is involved because of the presentment rule under the Tort Claims Act. Call sooner rather than later. Waiting costs evidence you cannot get back.
What is my case worth?
There is no honest average. Value is built from the specific facts, the records, the losses to your family, and the insurance available. Be skeptical of anyone who promises a figure before they have seen the file.
Can we still recover if my family member was partly to blame?
Often, yes. Under Massachusetts comparative negligence, recovery is allowed as long as their fault was not greater than the defendant’s, with any award reduced by their share. The claim is barred only if their fault was greater.
What does it cost to hire you?
Nothing up front. We take wrongful death cases on contingency, which means no fee unless we recover for your family.
If your family lost someone anywhere in Plymouth County and you want a straight answer about your options, call us at 617-415-2100. No fee unless we recover.
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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