What a Boston wrongful death attorney does
A wrongful death attorney in Boston represents the family or estate of someone who died due to another person's or company's negligence, recklessness, or intentional act. They investigate the death, gather evidence, negotiate with insurance companies, and file lawsuits in Massachusetts state court or federal court if the case involves interstate commerce or federal law.
Massachusetts wrongful death law limits who can sue: the surviving spouse, children, parents (if no spouse or children), or the estate itself. The attorney's job is to prove the defendant owed a duty of care, breached it, and that breach directly caused the death. They also calculate damages—medical bills, funeral costs, lost wages the deceased would have earned, and compensation for the family's loss of companionship.
Boston attorneys handle wrongful deaths from car accidents, medical malpractice, workplace injuries, defective products, nursing home neglect, and criminal acts. The process typically takes one to three years from filing to settlement or trial, though complex cases take longer.
Key Takeaways
- Massachusetts law allows only the spouse, children, parents, or estate to sue, and the attorney must prove the defendant's negligence directly caused the death.
- Boston wrongful death cases are filed in state Superior Court or federal court, and most settle before trial after months of negotiation and discovery.
- Attorneys typically work on contingency, meaning they take a percentage of the settlement or judgment (usually 25 to 40 percent) and you pay nothing upfront.
- The strongest cases have clear liability, documented damages, and a defendant with insurance or assets; weak cases may not be worth pursuing.
- You should meet with at least two or three attorneys before hiring, and ask about their experience with cases similar to yours and their track record.
How contingency fees work in Massachusetts wrongful death cases
Most Boston wrongful death attorneys work on contingency, meaning they are paid only if you win money. They take a percentage of what you recover—typically 25 to 40 percent depending on the attorney and the stage at which the case settles. If the case goes to trial, the percentage may be higher because the work and risk increase.
You pay nothing upfront. The attorney covers filing fees, informed witness costs, investigators, and court costs out of pocket. If you lose or recover nothing, you owe the attorney nothing, but you may still owe the court filing fees (usually $300 to $500 in Massachusetts Superior Court). Some attorneys will advance these costs; others will not. Ask before you hire.
Get the fee agreement in writing before you sign anything. It should state the percentage, what costs are advanced by the attorney versus paid by you, and what happens if the case settles at different stages. Massachusetts courts review contingency fees in wrongful death cases to may support they are reasonable, so an attorney cannot charge an unreasonable percentage even if you agree to it.
Finding attorneys who handle wrongful death in Boston
Start with referrals from people you trust—family, friends, or your primary care doctor. Ask whether they know an attorney who has handled a wrongful death case. Personal referrals often lead to attorneys with real experience and a track record you can verify.
The Massachusetts Bar Association Lawyer Referral Service (617-542-3406) connects you with attorneys in your area who handle wrongful death. They do not vet the attorneys beyond confirming they are licensed and in good standing, so you still need to interview them yourself.
Search online for "wrongful death attorney Boston" and look at law firm websites. Pay attention to whether they list specific cases they have handled (not just case types) and what the outcomes were. Firms that publish settlement amounts and verdicts are usually confident in their work. Check Google reviews and the Better Business Bureau, but remember that only very satisfied or very angry clients tend to leave reviews.
Avoid attorneys who contact you unsolicited after a death. Ambulance chasing is illegal in Massachusetts, and an attorney who breaks that rule may cut corners elsewhere.
Questions to ask when you interview an attorney
Before you hire, meet with the attorney in person or by video call. Bring any documents you have: the death certificate, police reports, medical records, and insurance information for the defendant. Here are the questions that matter most:
- How many wrongful death cases have you handled? You want someone with at least five to ten cases under their belt. Ask how many went to trial versus settled, and what the average settlement or verdict was.
- Have you handled a case like mine? If your loved one died in a car accident, you want an attorney who has handled car accident wrongful death cases, not just product liability. Experience in your specific type of case matters.
- Who will handle my case day-to-day? At a large firm, a partner may meet with you once and then hand the case to an associate. Ask whether you will work with the same person throughout.
- What is your assessment of my case's strength? A good attorney will be honest about whether liability is clear, whether damages are provable, and whether the defendant has insurance or assets. If they say every case is a winner, that is a red flag.
- What is your contingency fee, and what costs do I pay? Get this in writing. Ask whether court costs are advanced by the attorney or billed to you at the end.
- How long do you think this will take? Most cases take one to three years. If an attorney promises a quick resolution, they may not be realistic about the work involved.
- Will you handle the case or refer it out? Some attorneys take cases and then refer them to other firms. Ask whether they will stay involved or step aside.
Red flags when evaluating a Boston attorney
Do not hire an attorney who guarantees a specific outcome or settlement amount. No attorney can promise what a jury will award or what an insurance company will pay. Guarantees are a sign the attorney does not understand the law or is willing to lie to get your business.
Avoid attorneys who pressure you to sign quickly or who seem more interested in signing you up than in understanding your case. A good attorney will ask detailed questions about how the death happened, who witnessed it, what medical care your loved one received, and what the defendant's insurance situation is. If they do not ask these questions, they are not ready to take your case seriously.
Be wary of very large firms that advertise heavily on television or billboards. They often handle high volume and may not give your case the attention it deserves. Mid-sized firms and solo practitioners with strong track records often provide better service.
Check the attorney's disciplinary history with the Massachusetts Board of Bar Overseers (mass.gov/bbo). If they have been disciplined for dishonesty, neglect, or overcharging, that is a serious warning sign. A clean record does not may provide competence, but a record of discipline is disqualifying.
What happens after you hire an attorney
Once you sign the fee agreement, your attorney will send a demand letter to the defendant's insurance company. This letter describes the death, the defendant's liability, and the damages you are claiming. The insurance company has 30 days to respond, though they often ask for an extension.
Your attorney will also begin discovery—exchanging documents and taking depositions (recorded interviews under oath) with the defendant, witnesses, and experts. This phase typically lasts six months to a year and is where most of the work happens. You will be asked to provide medical records, financial records showing the deceased's income, and testimony about your relationship to the deceased and the impact of the death on your family.
Most cases settle during or after discovery, when both sides have enough information to assess the case's value. If settlement talks stall, your attorney will file a lawsuit in Massachusetts Superior Court. A trial, if it happens, usually occurs one to two years after the lawsuit is filed.
Throughout this process, your attorney should keep you informed. You should receive copies of all letters and documents, and your attorney should explain what is happening and what comes next. If you do not hear from them for months, that is a problem—ask for a status update.
Understanding Massachusetts wrongful death damages
Massachusetts law allows the family to recover economic damages (money the deceased would have earned, medical bills, funeral costs) and non-economic damages (the family's loss of companionship, guidance, and emotional support). There is no cap on wrongful death damages in Massachusetts, unlike some other states.
Economic damages are straightforward: your attorney will calculate the deceased's lost wages based on their age, job, and earning history. If the deceased was a child or homemaker, the calculation is more difficult and may require an economist's testimony. Funeral and medical bills are documented by receipts.
Non-economic damages are harder to quantify. A jury decides how much the loss of a spouse, parent, or child is worth. Factors include the deceased's age, the closeness of the relationship, and the impact on the surviving family members. A 40-year-old parent with young children will typically have higher non-economic damages than an elderly parent with adult children.
Your attorney will use comparable cases—verdicts and settlements in similar wrongful death cases in Massachusetts—to estimate what your case is worth. They should share this estimate with you and explain how they arrived at it.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Boston?
In Massachusetts, you have three years from the date of death to file a wrongful death lawsuit. This important date is strict; if you miss it, you lose the right to sue. Contact an attorney as soon as possible after the death so they can preserve evidence and meet this important date.
Can I sue if the death was caused by a crime?
Yes. You can sue the person or company responsible for the death even if they are also facing criminal charges. The civil case and criminal case are separate, and you do not have to wait for the criminal case to finish. Your attorney will coordinate with law enforcement to obtain police reports and witness statements.
What if the defendant does not have insurance?
If the defendant has no insurance and no significant assets, your case may not be worth pursuing because you will have no way to collect a judgment. Your attorney should investigate the defendant's financial situation before you hire them. Some cases against large companies or government entities are worth pursuing even without insurance because the entity has assets.
Do I have to go to trial?
Most wrongful death cases settle before trial. Settlement is faster, cheaper, and more predictable than trial. Your attorney will advise you on whether to accept a settlement offer, but the decision is yours. If you reject an offer and go to trial, you risk losing and recovering nothing, but you also have the chance to recover more.
Can multiple family members sue together?
Yes. In Massachusetts, the spouse, children, and parents can all be part of the same lawsuit. Your attorney will represent all of you together, and any recovery is divided according to Massachusetts law. Some families choose to have one family member sue on behalf of the estate, which simplifies the process.