Wrongful Death Lawyers in Plymouth

Losing a loved one because someone else acted carelessly or recklessly upends every aspect of family life, emotional, financial, and practical. Massachusetts law gives survivors a pathway to accountability through a wrongful-death action, yet the legal terrain can feel daunting when grief is fresh. Jeffrey Glassman Injury Lawyers has guided Boston-area families, including those in Plymouth County, through these claims for over 30 years, combining local courtroom experience with statewide resources. The discussion below explains how wrongful-death cases work in Plymouth, what damages are available, and why a focused, trial-ready firm matters.

Massachusetts General Laws c. 229 § 2 classifies a wrongful death as one caused by the “negligence, or willful, wanton, or reckless act” of a person or corporation. It also encompasses deaths arising from a breach of warranty, such as a fatal defect in a consumer product.

Key elements a plaintiff must establish:

• Duty – The defendant owed the decedent a legal duty (for instance, drivers must operate vehicles safely; doctors must follow medical standards).
• Breach – The duty was violated through careless or intentional misconduct.
• Causation – The breach directly and foreseeably caused the death.
• Damages – The statute assigns specific categories of monetary recovery.

Because the right to sue comes entirely from the statute, courts construe the requirements strictly; missing a procedural step can end the claim.

Unlike many states that let close relatives sue in their own names, Massachusetts appoints a single champion for the claim, the executor or administrator of the deceased person’s estate. That personal representative files on behalf of statutory beneficiaries such as the surviving spouse, children, or, if none, the next of kin. The probate court issues the appointment, and the wrongful-death case proceeds in civil court. This “one-voice” approach avoids competing lawsuits and simplifies settlement approvals. A close relative is often the individual appointed as the estate executor.

Massachusetts imposes a three-year statute of limitations measured from the date of death, or from the date the executor knew or reasonably should have known that the death resulted from wrongful conduct.

Courts enforce the deadline strictly. Families who suspect malpractice or a defective product sometimes need independent experts to confirm the causal link; engaging counsel early allows time for that investigation while evidence is fresh.

The statute lists damages recoverable by the estate or statutory beneficiaries:

• Reasonable funeral and burial expenses
• Loss of expected net income and services the deceased would have provided to heirs
• Loss of companionship, guidance, and comfort to close relatives
• Conscious pain and suffering endured between injury and death (brought under the “survival” count, discussed below)
• Punitive damages of at least $5,000 if the death resulted from gross negligence or malicious, willful, wanton, or reckless conduct

For a wage-earning parent in their prime, economic damages can exceed seven figures once future earnings, benefits, and household contributions are projected by economists.

Massachusetts follows a modified comparative negligence system set out in c. 231 § 85: recovery is reduced by the decedent’s percentage of fault and barred only if that share exceeds 50 percent.

Example: If a distracted driver is 80 percent at fault for a fatal crash and the decedent is 20 percent at fault for speeding, a $2 million verdict becomes $1.6 million. This rule makes meticulous accident reconstruction vital; small shifts in allocated fault can move millions of dollars.

Families often hear both terms used together. They are distinct but usually packaged in the same lawsuit:

Because survival counts belong to the estate, proceeds are distributed under the will or intestacy rules, not the wrongful-death hierarchy. Strategic pleading ensures both avenues remain open.

Local data underscore the variety of scenarios leading to wrongful-death litigation:

• Motor-vehicle crashes – Plymouth’s mix of coastal roads, commuter arteries such as Route 3, and seasonal tourist traffic keeps vehicular mortality high.
• Medical malpractice – Community hospitals and surgical centers must meet the same standards as Boston’s major teaching facilities; errors in emergency care, obstetrics, or anesthesia drive many claims.
• Construction and maritime accidents – With ongoing waterfront development and commercial fishing activity, OSHA violations and vessel safety lapses loom large.
• Premises liability – Drowning incidents at private pools, fatal falls in retail stores, or residential fires traceable to code violations.
• Defective products – Everything from exploding lithium-ion batteries to recalled child seats can spark a claim when design or warnings fall short.

Infant fatality statistics illustrate the stakes: Plymouth County recorded an infant death rate of 387.9 per 100,000 in 2022, among the highest in the Commonwealth.

Although many cases settle, every wrongful-death claim must be filed in the correct venue, typically Plymouth County Superior Court, 52 Obery Street, Plymouth, MA 02630. Local knowledge of judge-specific standing orders and motion preferences can shorten pre-trial disputes. A typical timeline:

1. Probate appointment of a personal representative.
2. Investigation and expert review – accident reconstructionists, medical experts, economists.
3. Complaint drafting that pleads wrongful death, survival, and any related claims (negligent hiring, dram-shop liability, product liability).
4. Discovery – document requests, depositions, and sometimes site inspections of vehicles or premises.
5. Mediation or judicial settlement conference – Massachusetts courts encourage early Alternative Dispute Resolution (ADR) but do not force settlement.
6. Trial – wrongful-death trials are often bifurcated in Massachusetts: liability first, damages second, keeping prejudicial evidence in check.

Some defendants, especially national trucking carriers and medical conglomerates, prefer federal court; removal strategy and diversity jurisdiction analysis are part of early case assessment.

Because the decedent cannot testify, objective evidence is king. Jeffrey Glassman Injury Lawyers routinely assembles:

• Black-box data and surveillance video in vehicular cases
• Electronic health-record audit trails for malpractice claims
• 3-D laser scans of crash scenes or construction sites
• Human-factors and biomechanical analyses to rebut defense theories of “inevitable” injury
• Vocational assessments and life-care plans quantifying economic impact on dependents

Early preservation letters and, when needed, court-ordered temporary restraining orders prevent spoliation of crucial evidence.

Plymouth County jurors skew older than the statewide average and often include public-sector retirees familiar with collective bargaining pensions. They respond well to clear financial projections but can bristle at over-lawyered presentations. A Boston firm that tries cases from Brockton to Hingham understands:

• Venue-specific voir dire patterns
• Settlement ratios by defense insurer in Plymouth versus Suffolk County
• Regional accident-reconstruction experts whose testimony survives Daubert challenges in local courts

This granular insight translates directly into settlement leverage and trial outcomes.

• Rapid-response investigation – Our on-call team secures crash scenes within hours, often before police reports are posted online.
• Holistic client support – We coordinate probate filings, address health-insurance liens, and connect families with grief-counseling resources.
• Contingency-fee structure – No attorney fee unless we win, ensuring equal justice regardless of a family’s financial status.
• Trial-ready posture – Defendants adjust their risk calculations when they know we have successfully tried wrongful-death cases to verdict across Massachusetts.

Our legacy includes multi-million-dollar results in trucking, medical, and premises cases, results achieved through meticulous preparation and a refusal to accept lowball offers.

• Preserve evidence – Keep accident photos, medical bills, even condolence cards, noting the circumstances of the event.
• Appoint an administrator – Begin the probate process promptly; we guide clients through the Plymouth Probate and Family Court filings.
• Consult with an attorney before entertaining early settlement calls – Insurers often offer quick cash before the economic picture is clear.
• Track living expenses – Funeral costs, counseling invoices, and childcare receipts document compensable losses.

These actions position the case for maximum recovery and reduce stress during litigation.

No. A civil wrongful-death claim can proceed even if prosecutors decline charges or if the defendant is acquitted; the burden of proof is lower in civil court.

The probate court will appoint an administrator, and wrongful-death proceeds will be distributed per the statute, spouse first, then children, parents, or next of kin.

Massachusetts sets $5,000 as a floor, not a ceiling, when gross negligence or reckless conduct is proven. Juries may award substantially more.

Simple liability cases may resolve in 12–18 months; contested liability or high-stakes medical cases often range 24–36 months, excluding appeals.

Time limitations and evidence degradation make early legal guidance essential. Jeffrey Glassman Injury Lawyers offers free, confidential consultations to families across Plymouth County. Call (617) 777-7777 or use our secure online form. We stand ready to pursue justice so your family can focus on healing.