Boston Wrongful Death Lawyers
Compassionate and relentless advocacy after the loss of a loved one in Massachusetts
The lawyers at Breakstone, White & Gluck 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 a person’s wrongful death will be preceded by a period of pain and suffering, which can also be compensable.
Our attorneys 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 accidents, defective products, construction site accidents, medical malpractice, nursing home negligence or other negligent, careless, or reckless conduct. When gross negligence or reckless conduct is involved, one may also be eligible to receive punitive damages. Our Boston wrongful death attorneys provide effective, aggressive investigation and representation in wrongful death cases throughout Massachusetts.
Common questions from injury clients
- What types of wrongful death claims does your Boston firm handle?
- How can your Boston wrongful death attorneys help?
- What are Massachusetts’ wrongful death laws?
- What damages are available in a Boston wrongful death claim?
- What is the statute of limitations for a Boston wrongful death action?
- Do you have a wrongful death attorney near me?
How can your Boston wrongful death attorneys help?
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.
The lawyers at Breakstone, White & Gluck are 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 claim. We understand what you and your family are going through and we want to take as much of the burden off you as possible – let us work for justice while you take the time you need to grieve.
Our record of successful results
Some of the settlements and verdicts we’ve achieved in past wrongful death cases include:
- $7,500,000 - Propane Gas Explosion. Resulting in the death of an electrician working in a new condo.
- $3,500,000 - Truck Driver Runs Over Motorcyclist.Resulting in the man's wrongful death.
- $3,000,000 - Failure to Diagnose Ovarian Cancer. Resulting in wrongful death of a 44-year-old woman.
- $2,030,000 - Failure to Diagnose Neck Fracture.Resulting in paralysis and wrongful death.
- $1,350,000 - Crane Accident. Resulting in conscious pain and suffering and wrongful death.
- $1,250,000 - Pedestrian Crosswalk Crash. Resulting in the death of a 33-year-old mother.
- $550,000 - Failure to Diagnose Severe Sinus Infection.Resulting in wrongful death of Boston, MA teenager from meningitis.
You can also read some kind words from our clients on our Testimonials page, and see more about our record of results for our clients in Massachusetts personal injury cases.
"I knew that Ron had my best interests at heart, and that I could trust him to help me make the right decision."
What are Massachusetts’ wrongful death laws?
Massachusetts laws regarding wrongful death cases are complex and technical, but our Boston attorneys are happy to break them down for you in a consultation. The law strictly governs who may recover these damages. Under M.G.L. Ch. 229 § 2, persons entitled to recover are the spouse, children, and sometimes parents or siblings of the victim. Claims must be brought through the estate of the deceased relative and are brought by the estate’s personal representative.
If a person who causes the death of another by “willful, wanton or reckless act,” they can be held liable for punitive damages.
What damages are available in a Boston wrongful death claim?
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.
Other damages may include:
- Conscious pain and suffering.In some cases, a claim may also be brought for conscious pain and suffering. If a person is fatally hurt and suffering from injuries that cannot be cured medically, , 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 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).
What is the statute of limitations for a Boston wrongful death action?
In Massachusetts, there is a statute of limitations which applies to wrongful death cases. State law 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 this three-year timeframe applies to wrongful death cases, families have only a limited period in which to file a claim. If you feel you have a wrongful death case, it is vital that you contact an experienced wrongful death lawyer as soon as possible to protect your rights. Our experienced attorneys can launch an investigation, preserve the evidence, and start fighting on behalf of your loved one immediately.
Do you have a wrongful death injury attorney near me?
Breakstone, White & Gluck has an office in Boston at 2 Center Plaza #530 in Government Center, within walking distance of the John Adams Courthouse and Suffolk County Superior Court. There’s a parking garage in the building. The MBTA Green Line and Blue Line are right across the street at the Government Center T station. There’s also a bus stop almost right in front of our office. If you are unable to travel because of your injuries, we’re happy to arrange a phone or video conference, or a hospital visit.
Boston wrongful death lawyers protecting people throughout Massachusetts
If you have lost a family member because of the negligent or reckless actions of another, you have rights under the law – and the wrongful death attorneys at Breakstone, White & Gluck can help you assert them. We know that no amount of money can bring back your loved one, but it can help provide closure, financial security, and justice for the life that was taken from you. Talk to our tenacious trial lawyers today for representation you can count on. To set up a free consultation, call our offices today or use our contact form.