Fall River Wrongful Death Lawyer

Losing a family member is always devastating, but when a life is cut short because someone else ignored basic safety rules, the grief is compounded by anger and financial uncertainty. Under Massachusetts General Laws Chapter 229, a “ wrongful death” occurs when the death was “caused by the willful, wanton, or reckless act” of another person or entity. The statute gives surviving family members in Fall River, and in many cases, the decedent’s estate, the right to pursue civil compensation for the harms created by that loss. Working with an experienced Fall River wrongful death lawyer ensures every legal nuance is recognized and every dollar of recoverable loss is claimed.

Unlike criminal homicide cases brought by the Commonwealth, a wrongful-death lawsuit is a civil action. The goal is not prison (though the same conduct may be prosecuted criminally), but to secure monetary damages that:

• Replace the financial support that the decedent would have provided.
• Address the emotional void created by the loss of companionship, guidance, and care.
• Punish egregious misconduct and discourage repeat behavior in the community.

Massachusetts’ wrongful-death law is complex, blending statutory text with decades of appellate decisions that interpret the statute’s reach. Contact our Fall River personal injury law firm for experienced guidance during this difficult time.

The Commonwealth requires that the claim be filed by the decedent’s representative, often the executor or administrator of the estate, rather than individual relatives. However, the money recovered is distributed for the benefit of the close family, primarily the decedent’s:

• Spouse
• Children (including legally adopted and, in certain situations, children born posthumously)
• Parents, if the decedent was unmarried and left no children
• Other close heirs, if none of the above exist, as defined by Massachusetts intestacy rules

If probate has not yet been opened, we work quickly to have a personal representative appointed so that the two legal processes —probate and wrongful-death litigation —can proceed in tandem without delay.

Jeffrey Glassman Injury Lawyers has helped grieving families across Bristol County and throughout Massachusetts obtain justice in wrongful-death actions arising from:

• Motor-vehicle and trucking crashes on I-195, Route 24, or local streets such as Pleasant Street and Brayton Avenue
• Drunk or drug-impaired driving accidents, where punitive damages may apply
• Medical malpractice, including surgical errors, anesthesia mistakes, and misdiagnoses, can lead to fatal outcomes
• Defective or dangerous products, from industrial machinery to consumer goods and pharmaceuticals
• Falls in nursing homes or construction sites often involve hidden hazards or a lack of mandated safety equipment
• Workplace incidents where a third party, other than an employer, bears responsibility
• Premises liability accidents, including swimming pool drownings and negligent security assaults

Because each factual scenario triggers different statutes, standards of care, and insurance layers, it is critical to retain counsel familiar with these distinctions.

Timing is everything. Massachusetts imposes a three-year statute of limitations (§ 2 of G.L. c. 229) that generally begins on the date of death. However, if the death was not immediately discoverable (for example, toxic exposure cases), the clock may begin when the executor “knew or should have known” that negligence caused the death. Waiting too long can forever bar the claim.

Additional notice requirements apply when the defendant is a public entity (e.g., the City of Fall River, MBTA, or a state-owned hospital). A presentment letter must be delivered to the correct agency within two years, and the Commonwealth has six months to respond. Missing that early deadline can doom an otherwise strong lawsuit.

Our team tracks and meets every procedural deadline, preserving the family’s right to full compensation.

The courts recognize that no amount of money can replace a loved one, yet financial awards are the only remedy that civil law can offer. Massachusetts allows recovery for:

• Reasonable funeral and burial expenses
• Lost financial support the decedent would have earned, considering wages, benefits, and expected career trajectory
• Loss of services such as household maintenance, childcare, and eldercare that the decedent provided
• Loss of society, companionship, guidance, and care suffered by close family members
• Conscious pain and suffering endured by the decedent between injury and death (recoverable by the estate)
• Punitive damages, where the defendant’s conduct was “willful, wanton, or reckless,” meant to punish and deter

Calculating these categories requires collaboration with expert economists, vocational analysts, and, most importantly, family members who can articulate the daily impact of the loss.

At Jeffrey Glassman Injury Lawyers, we recognize that every wrongful-death case is a legal battle and a profoundly personal story. Our approach blends rigorous investigation with compassionate client service:

• Immediate Scene Analysis. Gather crash data, surveillance footage, 911 audio, and witness statements before they disappear.
• Specialized Expert Team. Partner with accident reconstructionists, medical examiners, product engineers, or OSHA consultants.
• Comprehensive Damages Documentation. Compile tax returns, W-2s, medical bills, retirement projections, and daily-life narratives to prove economic and non-economic losses.
• Strategic Litigation & Negotiation. File suit promptly, engage in focused discovery, and seek mediation or trial only when settlement offers fail to reflect full value.
• No Up-Front Fees. We represent families on a contingency-fee basis; you owe nothing unless we recover compensation.

Throughout the process, your dedicated attorney remains available to answer questions, update you on progress, and prepare you for each milestone, from depositions to potential testimony.

While many large firms advertise statewide, proximity matters in wrongful-death litigation:

• Familiarity with Bristol County juries and courthouse procedures can influence case strategy and valuation.
• Local investigators can canvass neighborhoods quickly and follow up on leads that out-of-town firms might miss.
• Community knowledge helps identify regional safety trends, such as a hazardous intersection or recurring industrial hazard, that support liability arguments.
• In-person meetings at our Fall River satellite office or your home reduce travel stress during overwhelming times.

Although Jeffrey Glassman Injury Lawyers maintains its headquarters in Boston, our attorneys live and work across southeastern Massachusetts, including Fall River, New Bedford, and the South Coast. We know the judges, the roads, and how to present your loved one’s story in a way that resonates locally.

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

Simple liability cases may resolve in 12–18 months. Complex medical malpractice or product defect matters often take 24–36 months or longer to resolve, especially if they require multiple expert depositions and trial scheduling.

Q: “Can criminal charges and a civil wrongful-death claim proceed simultaneously?”

Yes. The Commonwealth’s prosecution focuses on punishment, while the civil action seeks compensation. A criminal conviction can strengthen a civil case; however, the burden of proof is lower in civil court, so compensation may still be obtained even without a criminal sentence.

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

Massachusetts follows modified comparative negligence. If the decedent’s share of fault is 50 percent or less, financial recovery is reduced by that percentage. If it exceeds 50 percent, recovery is barred. Determining accurate fault allocation requires early investigation.

Q: “Is there a cap on damages?”

There is no statutory cap on compensatory damages for most wrongful-death claims. Medical malpractice wrongful-death cases cap non-economic damages at $500,000, but exceptions exist for catastrophic or disfiguring injuries, and punitive damages may still apply.

Q: “Will the settlement be taxable?”

Generally, compensatory wrongful-death proceeds are excluded from federal and state income tax. Punitive damages can be taxable. We coordinate with tax professionals to structure any settlement or verdict in the most advantageous manner.

If your family is grieving a preventable loss in Fall River or anywhere in Bristol County, let us shoulder the legal burden while you focus on healing. Early action preserves evidence, protects filing deadlines, and maximizes compensation.

• Call us 24/7 at (508) 974-3304.
• Request a free consultation online or in person; home and hospital visits are available.
• Pay nothing unless we win; our contingency-fee promise aligns our interests with yours.

Justice delayed is too often justice denied. The sooner you reach out, the sooner our wrongful-death attorneys can start building the strongest possible case for your loved one and your family’s future.

Fall River Office

99 S Main St #350
Fall River, MA 02721
Phone: (508) 974-3304