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Losing a family member to someone else’s carelessness is a pain no one can prepare for. When a preventable accident, medical error, or act of negligence takes a life in Boston, the grief is compounded by sudden financial pressure, unanswered questions, and the need for accountability. Massachusetts law gives surviving families the right to pursue a wrongful death claim, and understanding that right is the first step toward protecting your family’s future.
Boston wrongful death lawyer Dino M. Colucci of Colucci, Colucci & Marcus, P.C., has spent more than three decades representing families throughout Boston and the surrounding Massachusetts communities after fatal accidents. Our nursing home abuse attorneys bring both courtroom experience and genuine compassion to every wrongful death matter it handles.
This page explains what wrongful death means under Massachusetts law, who can file a claim, the types of compensation available, how the statute of limitations works, and what to expect from the legal process. You will also learn how negligence is proven and why acting quickly matters. Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to schedule a consultation.
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Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
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A wrongful death claim is a civil lawsuit filed when someone dies because of another party’s negligence, recklessness, or intentional misconduct. Under G.L. c. 229, § 2, the personal representative of the deceased person’s estate may bring the wrongful death action against the responsible party. Unlike a criminal prosecution, which is pursued by the state, a wrongful death claim is initiated by the family through the estate’s personal representative.
Massachusetts recognizes several bases for wrongful death liability:
The claim must be filed by the executor named in the deceased person’s will or by an administrator appointed by the Suffolk County Probate and Family Court (or the appropriate county probate court). Individual family members cannot file the lawsuit on their own, instead, the personal representative acts on behalf of the estate and its beneficiaries.
Key Takeaway: A wrongful death claim in Massachusetts is a civil action filed by the estate’s personal representative under G.L. c. 229, § 2. It allows surviving family members to recover compensation when negligence, reckless conduct, or a defective product causes a death.
Contact Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to discuss whether your family has grounds for a wrongful death claim.
I cannot express enough gratitude for the outstanding representation and compassion I received from Colucci, Colucci & Marcus, especially Darin Colucci. From the very first conversation, Darin made me feel like more than just a client—he treated me like family. Navigating the aftermath of my accident was one of the most challenging times of my life…
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in Massachusetts. This is either the executor named in the will or an administrator appointed by the probate court. The personal representative files the claim on behalf of the statutory beneficiaries, who are determined by G.L. c. 229, § 1.
The distribution of any wrongful death recovery depends on who survives the deceased:
| Family Situation | Who Receives Damages |
|---|---|
| Spouse, no surviving children | Spouse receives the full amount |
| Spouse and one surviving child | Spouse and child split equally |
| Spouse and multiple surviving children | Spouse receives one-third; children divide two-thirds |
| No surviving spouse | Next of kin (parents, children, siblings, other relatives) |
Massachusetts law is strict about who qualifies as a beneficiary. Only the individuals listed under MGL c. 229 § 1 can receive proceeds from the claim. If there is no surviving spouse, recovery passes to the next of kin as determined under Massachusetts intestacy law. The Degrees of Kinship Chart is used for more remote heirs, not every no-spouse case.
If your loved one did not have a will, you may need to petition the probate court to appoint an administrator before any legal action can begin. Our team can help coordinate so that your family does not lose valuable time.
Key Takeaway: Only the estate’s personal representative can file a wrongful death lawsuit in Massachusetts. Beneficiaries are limited to the surviving spouse, children, and, if neither exists, the next of kin as defined by state law.
Colucci, Colucci & Marcus, P.C. can guide your family through the probate process and the wrongful death claim simultaneously. Call (617) 698-6000 for a free consultation.
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Dino M. Colucci is the founding partner and lead trial counsel at Colucci, Colucci & Marcus, P.C. He is a graduate of Tufts University (1984) and Suffolk University Law School (1988), where he was recognized for excellence in trial practice. His primary focus is personal injury law, with a particular concentration in nursing home abuse and wrongful death litigation. He has handled nursing home injury and wrongful death cases, and a jury verdict he obtained after a lengthy trial in Norfolk County Superior Court remains one of the decade’s top awards.
Dino M. Colucci has been included in New England’s edition of “Best Lawyers” in the category of Plaintiff Personal Injury Attorneys (2017 through 2022), was selected for the 2024 edition of Best Lawyers of New England and Boston Magazine’s Best Lawyers of Boston, and was named a Massachusetts Super Lawyer in 2024. Colucci, Colucci & Marcus, P.C. was recently featured in Forbes Magazine. He also frequently serves as a private mediator, and he has lectured and served as an adjunct Professor of Law at Suffolk University Law School.
Darin Colucci is the managing partner at Colucci, Colucci & Marcus, P.C. He graduated cum laude from Suffolk University Law School, where he served as an editor for the Law Review, and earned his undergraduate degree from Bucknell University. He concentrates his practice in tort and general litigation, handling cases from motor vehicle accidents to complex product liability and business litigation. Darin Colucci was the lead negotiator for over 100 plaintiffs in a lawsuit involving unfair and deceptive business practices that settled for $70 million, and he achieved a $6 million settlement in a wrongful death case and a $2.5 million settlement from an international accident.
He has been recognized as a Top 10 Personal Injury Attorney by Newsweek Magazine (2014 through 2020), named among the country’s Top 100 Trial Lawyers by the National Trial Lawyers, selected as a Massachusetts Super Lawyer for 2024, and received a Top 10 Attorney Award from the National Academy of Personal Injury Attorneys. He was also awarded an Honorary Doctorate from the City College of Fort Lauderdale and is the author of “Everything I Never Learned in School: A Guide to Success,” which won a 2017 Eric Hoffer award.
Matthew Marcus serves as a partner at Colucci, Colucci & Marcus, P.C., focusing his practice on estate planning and elder law. He served as a member of the board of directors of the Massachusetts chapter of the National Academy of Elder Law Attorneys for eight years (1999 through 2006), co-chaired the Boston Bar Association’s Elder Law Committee, and has served as a Hearing Officer for the Massachusetts Board of Bar Overseers.
He has also served as lead attorney for BOC Life Solutions, an estate and financial planning firm owned by the Bank of Canton, and served on the faculty for MCLE programs, Suffolk University Law School’s Elder Law Institute, and the New England Elder Law Symposium. Matthew Marcus has authored articles on estate planning, guardianships, and planning for families with disabled children.
Wrongful death claims in Boston arise from a wide range of preventable incidents. Any situation where another party’s negligence or misconduct causes a fatal injury can form the basis of a claim under Massachusetts law.
Car crashes, truck collisions, motorcycle accidents, and pedestrian fatalities remain among the most common causes of wrongful death claims in Massachusetts. According to the Massachusetts Department of Transportation, distracted driving, impaired driving, and speeding are the most common contributing factors to car accidents in the state.
When medical negligence causes a patient’s death, the personal representative may bring a wrongful death action based on medical malpractice and, where supported by the facts, seek damages for conscious suffering. Massachusetts requires that medical malpractice claims involving wrongful death go through a tribunal review process under G.L. c. 231, § 60B before proceeding to trial. Boston is home to major medical centers, and errors in these facilities can have fatal consequences.
Fatal falls, untreated infections, medication errors, dehydration, and bedsores that lead to sepsis are among the most common causes of nursing home wrongful death. Dino M. Colucci has represented families in nursing home injury and wrongful death cases throughout Massachusetts. The Massachusetts Department of Public Health oversees nursing home facilities, and violations of care standards can serve as powerful evidence in a wrongful death action.
Wrongful death claims also arise from:
Wrongful death claims in Boston can stem from car accidents, medical errors, nursing home negligence, workplace fatalities, and many other preventable causes. Each type of case requires specific evidence and a legal strategy.
Attorney Darin Colucci of Colucci, Colucci & Marcus, P.C., has negotiated wrongful death settlements in the state, advocating for the rights of injured parties and their families. Call (617) 698-6000 to discuss your situation.
Massachusetts wrongful death damages are designed to compensate the surviving family for both the financial and personal loss caused by the death. Under G.L. c. 229, § 2, the estate can recover several categories of damages.
| Damage Category | What It Covers |
|---|---|
| Reasonably expected net income | The deceased person's projected lifetime earnings, minus personal expenses |
| Loss of consortium | Loss of companionship, comfort, guidance, counsel, advice, society, and protection |
| Loss of services | Household services, care, and assistance the deceased would have provided |
| Funeral and burial expenses | Reasonable costs of funeral arrangements and burial |
| Conscious pain and suffering | Physical and emotional suffering between the injury and death (under G.L. c. 229, § 6) |
| Punitive damages | Minimum $5,000 when death resulted from malicious, willful, wanton, or reckless conduct, or gross negligence |
Massachusetts also allows recovery under G.L. c. 229, § 6 for the deceased person’s conscious suffering between the injury and death. Any amount recovered for conscious suffering is held as an asset of the estate.
If death were instantaneous, there would generally be no survival claim. However, when a loved one suffered for any period before passing, this component of damages can be substantial.
Calculating the fair monetary value of a person’s life requires analysis of their income history, earning potential, age, health, and the nature of their relationship with each beneficiary. Dino M. Colucci works with economists, vocational experts, and life care planners to build a complete picture of the financial and personal loss your family has suffered.
Key Takeaway: Massachusetts wrongful death damages cover lost income, loss of companionship and services, funeral costs, conscious pain and suffering, and, in cases involving egregious conduct, punitive damages of at least $5,000.
Contact Colucci, Colucci & Marcus, P.C. to understand what your family’s claim may be worth. Call (617) 698-6000.
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Exceptional firm! They are excellent in all the areas of law that they practice. They did an amazing job assisting my parents with their affairs in their elder years and are incredible personal injury attorneys. Our family has been using them for almost 20 years now and it’s proven to have been the best decision we ever made…
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You have three years from the date of death to file a wrongful death lawsuit in Massachusetts. This deadline is set by G.L. c. 229, § 2, and applies to most wrongful death claims.
There is one important exception: if the personal representative did not know (and could not reasonably have known) the factual basis for the claim at the time of death, the three-year clock may begin running from the date of discovery. This exception arises most often in medical malpractice cases where the cause of death is not immediately apparent.
Missing the statute of limitations deadline permanently bars your family from filing a claim. Because establishing an estate, appointing a personal representative, and gathering evidence all take time, it is critical to begin the process well before the deadline approaches.
Additionally, claims against public employers have special procedural rules. Under G.L. c. 258, § 4, the claimant generally must first present the claim in writing to the public employer’s executive officer within two years of accrual before filing suit.
Key Takeaway: Massachusetts gives families three years from the date of death to file a wrongful death claim. Delays in establishing the estate or investigating the cause of death can consume that time quickly, so early legal action is essential.
Proving a wrongful death claim in Boston requires establishing four elements. The burden of proof falls on the plaintiff, acting through the personal representative, and the standard is a preponderance of the evidence, meaning it is more likely than not that the defendant’s conduct caused the death.
One of the most significant obstacles in wrongful death litigation is that the deceased person cannot testify. Unlike a personal injury case, the primary witness to what happened is no longer available. This makes early evidence preservation critical.
Colucci, Colucci & Marcus, P.C. works with accident reconstruction experts, forensic specialists, building code officials, and medical professionals to establish what happened and who bears responsibility. Our team also examines cell phone records, surveillance footage, black box data, electronic logging devices, and maintenance records to build a complete evidentiary picture.
In nursing home wrongful death cases, Dino M. Colucci subpoenas facility staffing records, medication administration logs, incident reports, and state inspection results from the Massachusetts Department of Public Health to demonstrate patterns of negligence.
Key Takeaway: Proving wrongful death requires showing that the defendant owed a duty of care, breached that duty, and directly caused the death. Because the deceased cannot testify, early evidence preservation and expert analysis are essential to building a strong case.
Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to begin preserving evidence in your case.
Massachusetts follows a modified comparative negligence system under G.L. c. 231, § 85. This means that if the deceased person was partially at fault for the accident, the family can still recover damages, but the award will be reduced by the percentage of fault attributed to the deceased.
There is one critical limitation: if the deceased is found to be more than 50% at fault, the family loses the right to recover any compensation. Insurance companies and defense counsel frequently try to shift blame onto the deceased person, particularly in cases where the victim is not alive to defend themselves.
This tactic is especially common in fatal car accidents and premises liability cases. For example, a defendant may argue that the deceased was not wearing a seatbelt, was jaywalking, or ignored a warning sign. Colucci, Colucci & Marcus, P.C. anticipates these arguments and works to minimize any fault attributed to the deceased through physical evidence, expert testimony, and witness accounts.
Key Takeaway: Massachusetts allows wrongful death recovery even if the deceased was partially at fault, but compensation is reduced proportionally. If the deceased is found more than 50% responsible, the family cannot recover.
Dino Colucci can evaluate whether shared fault may be an issue in your case and develop a strategy to protect your family’s claim. Call (617) 698-6000.
Losing a loved one to negligence leaves your family with grief, financial uncertainty, and a long list of questions that need answers. You do not have to face the legal system alone during this time.
Dino M. Colucci of Colucci, Colucci & Marcus, P.C., has spent more than 30 years representing Boston families in wrongful death and catastrophic injury cases. He handles claims before the Suffolk County Superior Court, works with the Massachusetts Department of Public Health on nursing home cases, and has secured settlements and verdicts for families across the Commonwealth.
Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation. Our office at 424 Adams St #101, Milton, serves families throughout Boston, Massachusetts.
Under G.L. c. 229, § 2, you have three years from the date of death. In limited circumstances, the clock may start from the date the personal representative discovered (or should have discovered) the cause of death.
Yes. A wrongful death claim is a civil action that is completely independent of any criminal prosecution. Criminal charges are not required for a family to pursue compensation.
Wrongful death damages are recovered by the personal representative for the statutory beneficiaries under G.L. c. 229, § 1. By contrast, damages for conscious suffering under § 6 are held as estate assets.
Nursing home wrongful death claims are among the most common cases handled by Colucci, Colucci & Marcus, P.C. Dino M. Colucci has represented families in nursing home injury and wrongful death cases involving fatal falls, medication errors, infections, and neglect.
Yes. Under G.L. c. 229, § 2, punitive damages of no less than $5,000 may be awarded when the death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence.
I had a wonderful experience with Dino and his entire team from CCM when I was involved in an accident while cycling at fault of a motor vehicle driver resulting in multiple injuries. Dino was compassionate and actionable when we first got in touch, and throughout the entire settlement process always made himself available for any questions I had…
An uninsured motorist struck me from behind at the end of my driveway while I was shoveling. And was seriously injured. My case was handled with the highest expertise, support and with excellent customer service. I did not expect to have it settled so quickly and was pleasantly surprised with the results. I highly recommend this group…
