Brockton Wrongful Death Lawyer

Losing a loved one because of someone else’s negligence is an experience no family should endure. Along with profound grief comes urgent questions about medical bills, funeral expenses, and whether those responsible will ever be held accountable. At Jeffrey Glassman Injury Lawyers, our Brockton personal injury team helps families navigate that stressful period with a single goal: achieving full civil justice so survivors can focus on healing.

Below is an in-depth guide to Massachusetts wrongful death law, the unique considerations in Brockton and Plymouth County courts, and how an experienced local attorney can protect your family’s financial security while honoring your loved one’s memory.

Massachusetts recognizes a civil cause of action when a person’s death is caused by another party’s negligence, recklessness, or breach of warranty. The governing statute, Mass. Gen. Laws ch. 229, § 2, authorizes a lawsuit for the benefit of surviving family members when the death would not have occurred “but for” the defendant’s wrongful conduct.

Key statutory features include:

• Liable Conduct. Ordinary negligence (e.g., distracted driving). Willful, wanton, or reckless acts (e.g., street racing). Breach of warranty (e.g., defective consumer products)
• Eligible Defendants. Individuals, companies, manufacturers, government entities, or employers whose agents caused the fatal incident
• Required Plaintiff. The action is filed by the executor or administrator of the decedent’s estate. Still, any recovery is distributed to statutory beneficiaries (spouse, children, or next of kin) in shares outlined by § 1.

Our attorneys regularly see fatal injuries arising from local hazards, particularly in Plymouth County’s mix of urban streets, industrial corridors, and busy highways, such as Route 24 and Route 27. Frequent fact patterns include:

• Motor-Vehicle Collisions. Car, motorcycle, pedestrian, and bicycle crashes at high-speed intersections like Belmont St. and West St.
• Commercial Truck Accidents. Overloaded or poorly maintained semi-trailers are passing through the Route 24 trucking corridor.
• Construction and Workplace Incidents. Falls, electrocutions, and equipment failures at Brockton’s ongoing redevelopment sites
• Medical Malpractice. Surgical errors, medication overdoses, or failure to diagnose at area hospitals such as Signature Healthcare, Brockton Hospital
• Defective Products. Faulty home appliances or recalled auto parts distributed to regional consumers

Although surviving relatives are the ultimate beneficiaries, the Massachusetts procedure differs from many states:

• Personal Representative. The Probate & Family Court appoints an executor (if there is a will) or an administrator (if no will). That fiduciary is the only party with standing to bring suit.
• Priority Beneficiaries. Spouse with no children. Spouse and children (share according to statute). If no spouse or children survive, damages pass to parents or next of kin in order of relation.
• Estate Claims vs. Individual Claims. Separate counts for conscious pain and suffering survive to the estate under § 6 and may increase overall recovery.

Because these procedural rules are strict, families should consult counsel quickly to secure proper appointments and avoid jurisdictional pitfalls.

Financial compensation serves dual purposes: replacing the economic support the family has lost and deterring future negligence. Courts sitting in Brockton or Plymouth County may award:

• Economic Damages. Lost expected earnings and employment benefits. Funeral and burial costs. Medical expenses incurred before death
• Non-Economic Damages. Reasonable monetary value of the decedent’s companionship, guidance, and protection to each beneficiary
• Conscious Suffering. Pain experienced by the decedent between injury and death, paid to the estate under § 6
• Punitive Damages. Minimum $5,000 where the defendant’s conduct was malicious, willful, wanton, or reckless, available even against corporate defendants when gross safety violations are proven

Massachusetts imposes no statewide cap on the non-economic component of wrongful death damages outside medical malpractice, giving juries leeway to reflect the actual human loss.

Failing to act within statutory timeframes can forever bar recovery:

• Three-Year Time Limit. A wrongful death complaint must be filed within three years of the date of death or three years from when the executor “knew or should have known” the cause of action, whichever is later.
• Notice Requirements. Claims against Massachusetts municipalities or the Commonwealth require presentment letters within two years for state entities and 30 days for some local roadway claims.
• Probate Opening. Petitioning the Probate Court to appoint a personal representative often takes several weeks; counsel can accelerate the process to preserve lawsuit filing deadlines.

Because Brockton Superior Court rigorously enforces limitations periods, early legal intervention is vital.

To prevail, the plaintiff’s attorney must establish:

• Duty of Care. Proof that the defendant owed a legal duty, drivers must obey traffic laws; doctors must follow accepted medical standards, etc.
• Breach. Demonstrating specific negligent actions (speeding, misdiagnosis) or omissions (failure to install safety guards).
• Causation. This involves showing that the breach was both the factual and proximate cause of death, often through expert testimony in medicine, engineering, or accident reconstruction.
• Damages. Documenting every economic and emotional loss via tax returns, employment records, medical invoices, and family testimony.

Investigations commonly involve accident-scene downloads, black-box data, surveillance footage from Brockton businesses, and sworn depositions—all tasks best handled by a dedicated wrongful death law firm.

Working with counsel familiar with local courts and stakeholders can influence both the speed and value of your claim:

• Proximity to Evidence. Quick scene inspections on Main St., Oak St., or Route 123 before roadway conditions change.
• Local Expert Network. Relationships with Plymouth County medical examiners, forensic economists, and biomechanical engineers
• Reputation in Superior Court. Credibility with Brockton judges and mediators who regularly hear catastrophic injury matters
• Accessibility. In-person meetings for families without the burden of traveling to Boston, home, or hospital visits as needed
• Community Commitment. An attorney invested in Brockton’s safety initiatives is more likely to pursue public-policy improvements such as roadway redesigns or corporate safety reforms.

For more than three decades, Jeffrey Glassman Injury Lawyers has fought for Southeastern Massachusetts families facing unimaginable loss. Our comprehensive approach includes:

• Immediate Investigation. Rapid scene evaluations and evidence preservation orders to stop defendants from destroying key documents.
• Multidisciplinary Teamwork. Coordination with medical experts, accident reconstructionists, and vocational economists to develop compelling testimony.
• Compassionate Client Service. Dedicated wrongful death case managers update families and help with probate filings, insurance forms, and lien resolutions.
• Aggressive Negotiation and Trial Readiness. We prepare every case for jury trial in Plymouth County Superior Court, demonstrating to insurers that low offers will not be tolerated.
• Contingency-Fee Representation. No fee unless we obtain compensation, allowing families to pursue justice without financial risk.

Grief can feel overwhelming, yet early action protects your legal rights:

• Obtain certified copies of the death certificate and police or medical examiner reports.
• Preserve evidence such as damaged vehicles, prescription bottles, machinery, or product packaging.
• Screenshot relevant social-media posts or surveillance video before they disappear.
• Keep all bills and receipts related to medical care, counseling, and funeral arrangements.
• Refrain from signing insurance releases or providing recorded statements until you consult counsel.
• Contact Jeffrey Glassman Injury Lawyers as soon as possible so we can begin the probate appointment and claim investigation.

Wrongful death claims are not ordinary personal injury cases. They require mastery of statutory nuances, probate coordination, sophisticated economic modeling, and emotional intelligence to guide grieving families through litigation. Jeffrey Glassman Injury Lawyers blends those skills with a deep commitment to Brockton’s community, ensuring your loved one’s story is heard and forcing negligent actors to account for the full harm they caused.

If you have questions about a fatal accident in Brockton or anywhere in Plymouth County, reach out today for a free, confidential consultation. Call us now at 617-777-7777. We stand ready to shoulder the legal burden while your family focuses on memorializing a life that mattered.