Criteria for a Wrongful Death Claim in Massachusetts

When a loved one dies, more often than not they are survived by dependents who, in addition to having to deal with the emotional loss, also have to deal with the resulting financial hardships.  

In situations where the deceased would have had grounds for a personal injury claim had they survived their injuries, surviving loved ones may be able to pursue a wrongful death claim.

Under Massachusetts law, for example, an individual or organization can be held liable for wrongful death if they cause a fatal accident by:

  • Negligence, also known as failing to act with reasonable care
  • A wanton or reckless act,
  • A breach of warrant

In many ways, wrongful death claims look like the typical personal injury claim. In either case, the negligence of one party is alleged to have resulted in harm to another.

However, in Massachusetts, wrongful death claims cannot be filed against:

  • Employers when employees die while working
  • Railroads when someone suffers fatal injuries as a result of being on or near train tracks
  • A streetcar company when someone loses their life one or near tracks at a location where those tracks do not intersect with a road or walkway.

Other types of legal claims might be pursuable in situations that exempt wrongful death claims. A Massachusetts wrongful death attorney will be able to determine this based on your case.


Don’t Worry About the Criteria for a Wrongful Death Claim in Massachusetts


You and your family shouldn’t have to worry about legal matters during this difficult and trying time. Put your case in the hands of experienced personal injury lawyers in Massachusetts.

If you suspect a loved one to have suffered a wrongful death, let Jeffrey Glassman Injury Lawyers help you with your wrongful death claim.

We will examine all the evidence, evaluate your options, and take aggressive action to obtain the maximum compensation amount possible for your case.

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