The sudden loss of a loved one is devastating under any circumstances, but when that death was caused by someone else's negligence or wrongdoing, the pain is often compounded by anger and a sense of injustice. While no amount of money can replace a cherished family member, Massachusetts law does allow eligible survivors to seek wrongful death compensation through a civil lawsuit. Depending on the circumstances, recoverable damages may include economic losses, emotional distress, funeral expenses, and in rare cases, even punitive damages.
At Spada Law Group, our compassionate wrongful death attorneys in Springfield understand the profound grief and challenges families face after an unexpected loss. We also know that the compensation recovered in a successful wrongful death claim can provide much-needed financial stability and a sense of accountability for the at-fault party's actions. If you lost a spouse, child, or parent due to another's negligence, our legal team is here to help you understand your rights and options.
Economic Damages in Massachusetts Wrongful Death Claims
Under Massachusetts General Laws (MGL) Chapter 229, § 2, one of the primary types of wrongful death compensation available in the state is economic damages. These are the direct financial losses that result from the untimely death, such as:
- Lost income and benefits. If the deceased was a primary breadwinner for the family, the surviving spouse and/or dependent children can seek compensation for the lost earnings and employment benefits (health insurance, retirement contributions, etc.) the deceased would have provided had they lived. This calculation extends from the date of death through the deceased's anticipated working life expectancy.
- Loss of household services. Non-monetary contributions like childcare, home maintenance and repairs, cooking, cleaning, and transportation all have economic value. The family can pursue compensation for the cost of replacing these services the deceased performed for the household.
- Final medical expenses. When someone suffers a fatal injury, there are often medical bills from emergency treatment or life-sustaining care incurred prior to death. These final healthcare expenses are compensable in a wrongful death claim.
Proving economic damages typically requires extensive documentation, including the deceased's employment records, tax returns, medical bills, and invoices for services. Our knowledgeable attorneys work closely with vocational experts and economists to build a strong, persuasive case for maximum wrongful death compensation.
Non-Economic Damages for Surviving Family Members
Massachusetts law also recognizes that losing a loved one involves intangible losses that profoundly affect the surviving family members' lives. These non-economic damages, while more subjective, are just as real and compensable in wrongful death claims:
- Loss of companionship, care, and counsel. Also known as loss of consortium, this category of damages compensates the surviving spouse for the loss of the deceased's love, companionship, affection, moral support, sexual relations, and day-to-day care and guidance with family decisions and parenting responsibilities.
- Mental and emotional anguish. Survivors can also seek compensation for the grief, sorrow, and emotional distress they've experienced and will continue to experience due to the wrongful death. While money can't erase this pain, it does acknowledge the suffering the family has endured.
Quantifying these intangible losses can be challenging. Factors like the duration and closeness of the relationship between the survivors and the deceased are relevant. Our Springfield wrongful death attorneys know how to build a compelling case that illustrates these profound losses using witness testimony, psychological evaluations, and other evidence.
Funeral and Burial Expenses
The unexpected death of a family member also creates unplanned expenses for the funeral and burial or cremation. Reasonable costs for these final arrangements are compensable in a wrongful death claim. This might include:
- Basic service fees for the funeral home
- Cost of a casket or urn
- Embalming and other preparation of the body
- Facility and staff for the funeral service
- Transportation of the remains
- Flowers and memorial printed materials
- Cemetery plot or space in a mausoleum
- Headstone and grave markers
Survivors should keep copies of invoices and receipts for all expenses associated with laying their loved one to rest. These documents provide a clear record of this aspect of the family's losses after a fatal accident.
Punitive Damages in Rare Cases
In the vast majority of successful Massachusetts wrongful death claims, the compensation is limited to the types of compensatory damages described above - economic losses, emotional distress, and funeral expenses. However, in rare cases where the at-fault party's actions were especially egregious or malicious, the court may also award punitive damages.
Punitive damages go beyond compensating the survivors for their losses. Instead, they are designed to punish the wrongdoer and deter others from similar misconduct in the future. Massachusetts law caps punitive damages at $500,000 or three times the amount of compensatory damages, whichever is greater.
To recover punitive damages in a wrongful death case, the evidence must show that the at-fault party's actions constituted gross negligence, willful or wanton conduct, or reckless disregard for the safety of others. One common example is a fatal drunk driving accident. If the impaired driver had an extremely high blood alcohol content and a history of previous DUI convictions, a jury might find that their choice to drive while intoxicated was so reprehensible that it warrants punitive damages.
Common Causes of Wrongful Death in Massachusetts
Wrongful death compensation claims can arise from a wide range of fatal accidents and incidents. Some of the most common causes our attorneys encounter include:
- Motor vehicle accidents (car, truck, motorcycle, pedestrian, bicycle)
- Medical malpractice
- Defective products
- Workplace accidents
- Construction site accidents
- Premises liability incidents (slip and fall, inadequate security, etc.)
- Nursing home abuse and neglect
- Criminal acts (assault, homicide, etc.)
No matter how your loved one lost their life, if you suspect someone else's negligence played a role, it's critical to consult with an experienced wrongful death attorney. They can review the facts of your case, explain your legal options, and help you pursue the compensation your family needs to move forward.
Why You Need an Experienced Wrongful Death Attorney
Wrongful death compensation claims are complex, emotionally charged legal matters. Grieving families are often up against well-funded adversaries, like insurance companies and large corporations, who have teams of lawyers fighting to minimize or deny liability. Leveling the playing field requires working with a skilled attorney who specializes in these high-stakes cases.
An experienced wrongful death lawyer can:
- Conduct a thorough, independent investigation into the fatal incident
- Identify all potentially liable parties and sources of compensation
- Gather critical evidence to support your claim (accident reports, medical records, expert opinions, etc.)
- Handle all communications and negotiations with insurance adjusters and defense attorneys
- Accurately calculate the full extent of your economic and non-economic damages
- Prepare your case for trial if a fair settlement cannot be reached
- Provide empathetic guidance through every step of the legal process
Though past results don’t guarantee future outcomes, at Spada Law Group we have a proven track record of success in complex wrongful death compensation claims. Our attorneys are dedicated to fighting for the rights of survivors and holding negligent parties accountable.
