Springfield Wrongful Death Lawyer

The sudden loss of a loved one is overwhelming. When that loss stems from someone else's negligent, reckless, or intentional act, grief is joined by a profound sense of injustice. A wrongful-death action is the civil-law mechanism Massachusetts provides for holding the responsible party accountable and securing financial compensation for the survivors. Below, our Springfield wrongful death attorneys explain the law, the process, and how our law firm can help your family find a path forward.

Under M.G.L. c. 229, § 2, a death is "wrongful" if it results from:

• Negligence: the defendant's failure to use reasonable care (e.g., a driver who texts behind the wheel).
• Wanton or reckless conduct: a conscious disregard for the safety of others (e.g., a drunk-driving crash).
• Breach of warranty: selling a product that proves unreasonably dangerous.
• Negligent or reckless acts by common carriers, such as a bus company or a railroad.

If the conduct would have entitled the decedent to file a personal-injury claim in Springfield, had they survived, it almost certainly supports a wrongful-death action.

• G.L. c. 229, § 1: addresses fatal injuries caused by defective or poorly maintained roadways.
• G.L. c. 229, § 2: the primary wrongful-death statute; it establishes who may sue, the types of damages recoverable, and punitive-damage eligibility where gross negligence or willful conduct is proven.
• G.L. c. 229, § 6: allows a separate cause of action for conscious pain and suffering experienced by the decedent between injury and death.

Because these statutes overlap, a comprehensive claim often bundles wrongful-death damages with a survival action for conscious suffering.

Massachusetts is unusual because only the decedent's estate's representative(executor or administrator) may bring the lawsuit. Beneficiaries do not sue in their names but ultimately receive the proceeds in proportions set by statute or the decedent's will.

The Probate & Family Court will appoint an administrator if no executor was named in a will. Our firm routinely petitions for and obtains appointments, allowing the family to move forward without delay.

Missing a filing deadline can entirely bar recovery. Key time limits include:

• Three years from the date of death, or from the date the estate knew or reasonably should have known the cause of death, to file a wrongful-death complaint.
• Two years to provide statutory notice when a public entity (city, Commonwealth, MBTA, etc.) is a defendant.
• Shorter federal deadlines if the case involves a government employee acting in the scope of employment (Federal Tort Claims Act).

Because the discovery of negligence is sometimes delayed (e.g., in cases involving medical-device defects), the "discovery rule" can extend the statute of limitations period. Still, you should never rely on an extension without legal advice.

Massachusetts allows recovery for both economic and non-economic losses:

• Reasonable funeral and burial expenses.
• Lost net income the decedent would likely have earned and contributed to family support.
• Loss of reasonably expected companionship, guidance, and counsel is often the most significant component of the award.
• Conscious pain and suffering experienced before death under § 6 (brought on behalf of the estate).
• Punitive damages, with a minimum of $5,000, will be awarded if the defendant's conduct was malicious, willful, wanton, or reckless.
• Under Mass. law, interest on the judgment from the filing date is currently 12 percent.

At Jeffrey Glassman Injury Lawyers, we work with forensic economists, vocational specialists, and grief experts to document the full financial and overall impact on your family.

• Motor-vehicle crashes on I-91, the Mass Pike, and busy arteries like State Street or Boston Road.
• Commercial-truck collisions involving I-291 freight traffic.
• Pedestrian and bicycle fatalities are often near the MGM complex and downtown crosswalks.
• Medical malpractice at Baystate Medical Center or Mercy Medical Center, including surgical errors and misdiagnoses.
• Nursing home neglect results in falls, infections, or medication errors.
• Defective consumer products, such as exploding e-bike batteries or recalled household appliances.
• Workplace accidents in construction, manufacturing, or warehousing hubs in the North End Industrial District.

Each scenario demands unique investigative resources; our firm maintains a rapid-response team to secure evidence before it disappears.

When you hire us, we immediately:

• Preserve critical evidence by sending litigation-hold letters, photographing scenes, and downloading vehicle "black-box" data.
• Identify every liable party and insurance policy, including excess coverage and umbrella policies.
• Retain respected experts in accident reconstruction, medical causation, life-care planning, and economics.
• Document the family's losses through detailed interviews, employment records, tax returns, and reports from grief counselors.
• File suit in the proper venue, typically Hampden County Superior Court at 50 State Street in Springfield, under a strategic timeline that maximizes leverage while giving defendants minimal opportunity to conceal assets.
• Negotiate assertively while preparing every case for trial from the outset; insurers are aware of our reputation for courtroom tenacity.

Our contingency-fee arrangement means you pay nothing unless we secure compensation for your family.

Although many wrongful-death claims settle before trial, preparing for litigation is essential:

• Complaint and service. We draft a detailed complaint citing all statutory and common-law claims, then serve each defendant under Mass. R. Civ. P. 4.
• Answer and motions. Defendants typically respond within twenty days, often filing motions to dismiss; we counter with aggressive responses.
• Discovery. Written interrogatories, document requests, depositions, subpoenas, and independent medical examinations (if survival claims are included).
• Expert disclosures. Each side exchanges expert reports. We prepare Daubert motions to exclude unreliable defense testimony.
• Mediation or judicial settlement conference. Hampden Superior offers robust alternative dispute resolutionoptions: our thorough preparation promotes favorable resolutions.
• Trial. A jury decides liability and damages; punitive damages require a special finding of gross negligence or willful misconduct.
• Appeal. Either side may appeal to the Massachusetts Appeals Court; we brief and argue appeals in-house when necessary.

Because wrongful-death cases are often high-stakes, defense counsel exploits procedural tactics. Our depth of experience keeps your case on track.

• Knowledge of local courts and judges. Familiarity with Hampden County jury pools, pre-trial orders, and clerks' practices speeds litigation.
• We have access to local experts and investigators. We can visit crash scenes within hours, interview local witnesses, and subpoena relevant surveillance footage from the region.
• Community connections. Understanding Springfield's cultural and economic fabric helps us present compelling narratives to local jurors.
• Reputation. Insurance carriers operating in western Massachusetts are aware of which firms tend to settle quickly, and which are more likely to try cases; Jeffrey Glassman Injury Lawyers falls squarely into the latter category.

Q: "Is a criminal case required before filing a civil wrongful-death claim?"

No. The civil action is independent. A criminal conviction can strengthen the civil case, but you do not have to wait for it.

Q: "Will filing suit force my family to testify in court?"

Many claims settle without testimony. If testimony is required, we prepare you thoroughly and can often videotape depositions, allowing you to avoid the stress of a live court appearance.

Q: "How long does a typical wrongful-death case take?"

Simple liability cases may resolve within 8–12 months; complex medical malpractice or product defect cases can take two to three years or longer, especially if they proceed to trial.

Q: "What if my loved one was partially at fault?"

Massachusetts follows modified comparative negligence. If the decedent was less than 50 percent at fault, damages are reduced by their percentage but not barred entirely.

Q: "Can punitive damages exceed ordinary compensatory damages?"

Yes. Although § 2 sets a $5,000 minimum, juries may award much higher punitive sums to deter egregious misconduct.

Financial recovery cannot replace the person you lost, but it can secure your family's future and hold the wrongdoer accountable. At Jeffrey Glassman Injury Lawyers, every wrongful-death case receives:

• Free, compassionate consultation: we'll meet at your home, hospital, or via secure video.
• No-fee guarantee: you owe nothing unless we win.
• Relentless advocacy: our record-setting verdicts and settlements speak for themselves.

Call (413) 278-0645 or complete our online form for immediate assistance. Time limits apply, evidence fades, and insurance companies act fast. Let our Springfield wrongful-death attorneys fight for the justice and closure your family deserves.

Springfield Office

1500 Main St, 8th floor
Springfield, MA 01115
Phone: (413) 278-0645