Wrongful Death

Attorneys with Over 100 Years Combined Experience Representing Boston Families in Wrongful Death Cases

Candles at a funeralThe lawyers at Breakstone, White & Gluck, P.C. represent individuals and their families throughout Massachusetts who have suffered the loss of a loved relative due to wrongful death. Wrongful death causes emotional and financial hardship for family members. Sometimes the wrongful death will be preceded by a period of pain and suffering, which can also be compensable.

At Breakstone, White & Gluck, P.C. of Boston, we understand that when an accident happens, lives are forever changed. The emotional damage can be severe, and the economic losses are often devastating. Wrongful death can be caused by car accidentsdefective products, construction site accidents, medical malpractice or other negligent, careless, or reckless conduct. When gross negligence or reckless conduct is involved, one may also be able to obtain punitive damages. Our wrongful death attorneys provide effective, aggressive investigation and representation in wrongful death cases.

Massachusetts Laws Regarding Wrongful Death

Massachusetts laws regarding wrongful death cases are complex and technical. M.G.L. Ch. 229, § 2 states a person who causes the death of another by “willful, wanton or reckless act” can be held liable for damages. 

The law strictly governs who may recover, such as a spouse, children, parents, or siblings. Claims must be brought through the estate of the deceased relative, and are brought by the estates personal representative. 

Damages in Massachusetts Wrongful Death Cases

Wrongful death damages typically include compensation to close relatives for the loss of future income, loss of companionship and love, and loss of support of their loved one. Although the loss of future earnings may be significant, the most significant aspect of any wrongful death case is usually the loss of the emotional attachment the loved one provided.

Conscious pain and suffering. In some cases, a claim may also be brought for conscious pain and suffering. If a person is fatally injured of suffering from injuries that could have been medically prevented, the period of suffering before death can be horrific. This is a separate element in a wrongful death case, though the matters are litigated together.

Gross negligence. In cases where the defendant’s negligence is extremely egregious, punitive damages may be available to punish the defendant’s conduct and to deter further grossly negligent conduct. Gross negligence is conduct that is substantially greater than ordinary negligence. In a case going back one hundred years, the Massachusetts Supreme Judicial Court stated the gross negligence, “[I]s an act or omission respecting legal duty of an aggravated character as distinguished from a mere failure to exercise ordinary care. It is very great negligence, or the absence of slight diligence, or the want of even scant care. It amounts to indifference to present legal duty and to utter forgetfulness of legal obligations so far as other persons may be affected. It is a heedless and palpable violation of legal duty respecting the rights of others.” Altman v. Aronson, 231 Mass. 588, 592 (1919).

When to Speak to a Wrongful Death Lawyer

Wrongful death cases are always emotional. When you are grieving, you should not make any major decisions without consulting an attorney. You should not enter into any settlement, sign any release or accept any money in exchange for releasing an individual, corporation, or insurance company from liability without first knowing what insurance coverage or other redress is available to you and your family.

Breakstone, White & Gluck, P.C. is experienced in the handling of complex wrongful death cases and can help you decide your best course of action and develop the best legal strategy for your case.

Statute of Limitations in Wrongful Death Cases

In Massachusetts, there is a Statute of Limitations which applies to wrongful death cases. M.G.L. Ch. 229, § 2 provides families with three years from the date of death, or three years from the date the executor or administrator of the estate learned about the cause of death, to commence an action.

Because the Statute of Limitations applies to wrongful death cases, families have a limited time frame in which to file the case. If you feel you have a wrongful death case, it is vital that you contact an experienced wrongful death lawyer immediately to protect your rights. A lawyer needs to launch an investigation and preserve the evidence.

Read more about hiring a wrongful death attorney and answers to common questions.


Experience Matters

The experienced lawyers at Breakstone, White & Gluck, PC have handled numerous wrongful death cases in Massachusetts, representing those killed in pedestrian accidents, bicycle crashes, construction accidents and by medical mistakes. Read more on our Case Reports page and below:

Wrongful Death Cases Following Traffic Accidents, Pedestrian Accidents and Bicycle Accidents

Wrongful Death Cases Following Medical Malpractice

Wrongful Death Cases Following Construction Accidents

Contact An Experienced Massachusetts Wrongful Death Lawyer Today

Please call us at 617-723-7676 (or toll free at 1-800-379-1244), or use our contact form. Get your free legal consultation today with Breakstone, White & Gluck, P.C.

Client Reviews
★★★★★
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case. Peter
★★★★★
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
★★★★★
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
★★★★★
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
★★★★★
Ron was excellent. He was on top of everything. He answered every question. John
★★★★★
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh