Scalli | Murphy Law > Private: Plymouth, MA Wrongful Death Lawyer

Plymouth, MA Wrongful Death Lawyer

Reviewed by Chris Murphy, Esq. | Last updated: February 2026

Losing a loved one is devastating. When that loss is caused by someone else’s negligence, the grief is compounded by a sense of injustice. The wrongful death attorneys at Scalli Murphy Law have over 30 years of experience representing families throughout Plymouth County and all of Massachusetts who have suffered the tragic, preventable loss of a loved one. Call 617-387-7000 for a free consultation. There is no fee unless we recover for you. We handle the legal burden so your family can focus on healing.

Key Takeaways for Plymouth Wrongful Death Cases

Only the executor or administrator of the estate can file a wrongful death claim under M.G.L. c. 229, s. 2
You have 3 years from the date of death to file a claim
Recoverable damages include lost income, loss of consortium, conscious pain and suffering, funeral expenses, and punitive damages
Scalli Murphy Law offers a free consultation with no fee unless we recover for you

Why Choose Scalli Murphy Law for Your Plymouth Wrongful Death Case?

When your family is grieving, you need a law firm that combines genuine compassion with aggressive legal advocacy. Our attorneys regularly handle wrongful death cases filed in Plymouth District Court, located at 52 Obery Street, Plymouth, MA 02360. We understand Plymouth County procedures and have the experience to navigate your case from the initial investigation through trial if necessary. Scalli Murphy Law will be by your side and in your corner throughout.

We approach every wrongful death case understanding that no amount of money can replace your loved one. Our goal is to hold those responsible accountable and secure the financial resources your family needs to move forward.

Proven Results for Injury and Wrongful Death Victims

Scalli Murphy Law has a track record of recovering significant compensation for clients and families across Massachusetts:

$3,000,000+ – Asbestos / mesothelioma settlement
$1,500,000+ – Motorcycle collision settlement
$900,000 – Pedestrian collision settlement
$375,000 – Tractor-trailer collision settlement

Several of these cases involved fatal or life-threatening injuries. Every case is different, but our attorneys pursue maximum compensation for every family we represent. If your family has suffered a wrongful death in Plymouth, we will fight for every dollar your family is owed.

How Does Massachusetts Wrongful Death Law Work?

Wrongful death claims in Massachusetts are governed by M.G.L. c. 229, Section 2. Under this statute, when a person’s death is caused by the negligence, recklessness, or intentional wrongdoing of another party, the surviving family has the right to seek compensation through the court system.

Only the executor or administrator of the deceased person’s estate can file a wrongful death lawsuit. Individual family members cannot file the claim on their own. However, families do not need an existing estate to bring a wrongful death claim. A “special administrator” can be appointed by the probate court specifically for the purpose of the wrongful death action, which streamlines the process for families who have not yet opened an estate.

The statute of limitations for wrongful death claims in Massachusetts is three years from the date of death. Failing to file within this period can result in the permanent loss of your family’s right to seek compensation.

Who Can Recover Damages in a Plymouth Wrongful Death Case?

Although only the estate’s personal representative can file the lawsuit, the damages recovered are distributed to the surviving beneficiaries:

Surviving spouse – entitled to recover for loss of companionship, comfort, and consortium
Children – both minor and adult children may recover damages
Parents – may recover if there is no surviving spouse or children

The wrongful death claim is brought by the estate on behalf of these beneficiaries. The court oversees distribution to ensure fairness among all eligible family members.

What Damages Are Available in a Massachusetts Wrongful Death Case?

Massachusetts law provides for substantial compensation in wrongful death cases. Available damages include:

Fair monetary value of companionship, comfort, counsel, guidance, and advice to each surviving beneficiary
Loss of consortium for the surviving spouse
Funeral and burial expenses
Medical expenses incurred between the injury and death
Lost future earnings and benefits the deceased would have provided to the family
Conscious pain and suffering before death (survival action under M.G.L. c. 229, Section 6, a separate claim detailed below)
Punitive damages – Massachusetts is one of the few states that allows punitive damages in wrongful death cases when the defendant acted with gross negligence or reckless conduct
Minimum statutory damages of $5,000 even when actual damages are difficult to quantify

There is no cap on wrongful death damages in Massachusetts, unlike some states that limit recovery. The full value of your family’s loss can be presented to a jury for determination.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

Massachusetts law provides two separate legal claims when someone dies due to another party’s negligence.

A wrongful death claim (M.G.L. c. 229, Section 2) compensates the family for their losses, including lost companionship, support, guidance, and future earnings. The damages belong to the surviving beneficiaries.

A survival action (M.G.L. c. 229, Section 6) compensates the estate for the conscious pain and suffering the deceased experienced between the time of injury and the time of death. Even if the period of consciousness was brief, this claim can add substantial value to the total recovery.

These are two separate legal claims that can and should be filed together. To recover under the survival action, it must be shown that the deceased was conscious and experienced suffering before death. An experienced wrongful death attorney will pursue both claims simultaneously to maximize your family’s total compensation. Learn more about wrongful death vs. survival action claims.

What Causes Wrongful Death in Plymouth?

Plymouth is the largest municipality by area in Massachusetts, with approximately 62,000 residents spread across Plymouth County. Route 3 carries heavy traffic between Boston and Cape Cod, and the Route 44 corridor serves as a major east-west commercial artery. The town’s expansive geography and high-speed rural roads contribute to serious motor vehicle accidents, particularly during the summer tourist season when traffic to Cape Cod surges.

Fatal incidents can result from many types of negligence. The most common causes of wrongful death in Plymouth and across Massachusetts include:

Motor vehicle collisions – Fatal car, truck, and motorcycle crashes on Route 3, Route 44, Route 3A, Route 80, Long Pond Road and at Route 3 and Route 44 interchange, Route 3A and Court Street, Route 44 and Samoset Street are the leading cause of wrongful death in Massachusetts.
Pedestrian and bicycle fatalities – Drivers who fail to yield to pedestrians and cyclists cause dozens of fatal crashes each year. Learn more about pedestrian and bicycle accident claims.
Medical malpractice – Surgical errors, misdiagnosis, medication mistakes, and hospital negligence. Medical malpractice wrongful death claims require a tribunal hearing under M.G.L. c. 231, Section 60B before proceeding. Learn more about medical malpractice claims.
Workplace accidents – Construction falls, industrial machinery accidents, and toxic exposure. When a third party caused the death, a wrongful death claim can be filed in addition to workers’ compensation death benefits. Learn more about workplace injury claims.
Nursing home neglect and abuse – Failure to provide adequate care, falls, medication errors, and neglect in nursing facilities.
Defective products – Dangerous drugs, medical devices, auto defects, and consumer products that cause fatal injuries.
Premises liability – Fatal falls, drownings, carbon monoxide poisoning, and other deaths caused by dangerous property conditions. Learn more about premises liability claims.
OUI/DUI fatalities – Drunk and drugged driving crashes that result in death.

Can I File a Wrongful Death Claim If There Is a Criminal Case?

Yes. Criminal proceedings and civil wrongful death claims are completely separate legal actions, and one does not depend on the other.

The key difference is the burden of proof. In a criminal case, the prosecution must prove guilt “beyond a reasonable doubt.” In a civil wrongful death case, the family only needs to prove liability by a “preponderance of the evidence,” meaning it is more likely than not that the defendant’s negligence caused the death.

Your family does not need a criminal conviction to file or win a wrongful death case. Even if criminal charges are dropped or the defendant is acquitted, the civil claim can still proceed and succeed. The civil case operates on its own timeline and is not dependent on the outcome of any criminal prosecution.

This distinction is particularly important in cases involving OUI fatalities, workplace safety violations, and situations where prosecutors decline to bring charges despite clear evidence of fault.

What About Wrongful Death Claims Against Government Entities in Plymouth?

When a government entity is responsible for a wrongful death, the Massachusetts Tort Claims Act (M.G.L. c. 258) governs the claim. These cases involve special rules that differ significantly from private wrongful death claims.

Damages against government entities are capped at $100,000, regardless of the severity of the loss. There are also special notice requirements, as you must provide written notice to the government entity within a specific timeframe. Missing this deadline can bar your claim entirely.

Government-caused deaths include police vehicle collisions, municipal road hazards such as missing guardrails or defective traffic signals, public hospital malpractice, public transit accidents, and deaths in government-operated facilities. These cases have strict procedural requirements that make having an experienced attorney critical from day one.

Does Comparative Negligence Apply to Wrongful Death Cases?

Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, Section 85, and this rule applies to wrongful death claims.

If the deceased person’s own negligence contributed to the fatal incident, the family’s recovery can be reduced by the deceased’s percentage of fault. For example, if the deceased was found to be 20% at fault, the damages awarded would be reduced by 20%. However, if the deceased was 51% or more at fault for the incident that caused their death, the family cannot recover any damages.

Insurance companies routinely try to shift blame onto the deceased to reduce or deny wrongful death claims. This is especially common in motor vehicle fatality cases and workplace death cases, where the deceased is not available to tell their side of the story. An experienced wrongful death attorney knows how to counter these tactics and protect your family’s right to full compensation.

What Should Your Family Do After a Wrongful Death in Plymouth?

We understand that your family may not be ready to think about legal action in the immediate aftermath of losing a loved one. When you are ready, these steps will help protect your family’s legal rights:

Preserve all evidence – Do not dispose of the deceased’s belongings, medications, or personal effects. If a vehicle was involved, do not allow it to be repaired or destroyed. If a defective product is suspected, keep it in its current condition.
Obtain the police or incident report – Contact the Plymouth Police Department at (508) 830-4218. For motor vehicle fatalities, you can also request the Massachusetts accident report.
Request medical records – Obtain all records from Beth Israel Deaconess Hospital-Plymouth and any other treating facility related to the final injury and treatment your loved one received.
Do not speak to insurance companies – The at-fault party’s insurer will contact your family quickly and attempt to settle for as little as possible. Do not give recorded statements or sign any documents without consulting an attorney first.
Consult a probate attorney about estate appointment – A wrongful death claim can only be filed by the personal representative of the estate. If no estate exists, a special administrator can be appointed specifically for the wrongful death action. Learn more about the filing requirements.
Keep records of all expenses – Funeral costs, medical bills, travel expenses, and lost income should all be documented carefully.
Call Scalli Murphy Law at 617-387-7000 – We offer free, confidential consultations. There are time limits on wrongful death claims, so the sooner you call, the better we can protect your family’s rights.

How Are Wrongful Death Settlements Paid Out in Massachusetts?

The personal representative of the estate receives the settlement or verdict on behalf of the estate. The probate court must then approve the distribution among eligible beneficiaries, which typically include the surviving spouse, children, and in some cases, parents.

Wrongful death proceeds are generally not subject to federal income tax, which means families receive the full value of the settlement or verdict. Wrongful death proceeds are also protected from the deceased’s creditors, unlike survival action proceeds, which may be subject to estate debts.

The total amount is determined through settlement negotiations or a jury verdict at trial. Our attorneys can help your family understand the distribution process and advocate for a fair allocation among beneficiaries. Learn more about wrongful death settlements in Massachusetts.

Frequently Asked Questions

How much does a wrongful death lawyer in Plymouth cost?

Scalli Murphy Law works on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family.

Who can file a wrongful death lawsuit in Massachusetts?

Only the executor or administrator of the deceased person’s estate can file a wrongful death claim. If no estate exists, the probate court can appoint a special administrator specifically for the wrongful death case. The claim is brought on behalf of the surviving spouse, children, or parents of the deceased. Scalli Murphy Law can assist throughout the whole process ensuring that all necessary court filings are made.

How long do I have to file a wrongful death claim in Massachusetts?

The statute of limitations for wrongful death claims in Massachusetts is three years from the date of death. Claims against government entities have shorter notice deadlines. Contact an attorney as soon as possible to preserve evidence and protect your rights.

How much is a wrongful death case worth in Massachusetts?

The value depends on many factors, including the deceased’s age, earning capacity, relationship to survivors, and the circumstances of the death. Damages may include lost future earnings, loss of companionship and guidance, funeral expenses, medical bills, and conscious pain and suffering. Massachusetts places no cap on wrongful death damages and also allows punitive damages in cases involving gross negligence.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim (M.G.L. c. 229, section 2) compensates the family for their losses, including lost companionship, support, and future earnings. A survival action (M.G.L. c. 229, section 6) compensates the estate for the conscious pain and suffering the deceased experienced between the injury and death. Both claims can be filed together and are often pursued simultaneously.

Do I need to open an estate to file a wrongful death lawsuit?

Yes. Massachusetts law requires that the claim be brought by the personal representative of the estate. If no estate has been opened, the probate court can appoint a special administrator specifically for the wrongful death action. Our attorneys can guide your family through this process.

Can I file a wrongful death lawsuit even if there are no criminal charges?

Yes. Civil wrongful death claims are completely separate from criminal proceedings. The civil case uses a lower standard of proof and does not require a criminal conviction. Even if the person who caused your loved one’s death is never charged or is acquitted, your family can still pursue a wrongful death claim.

Serving Plymouth and All of Massachusetts

Our attorneys represent wrongful death victims’ families throughout Plymouth County and all of Massachusetts. We also serve clients in Brockton, Quincy, Taunton. View our complete list of areas we serve across the state. No matter where your loss occurred in Massachusetts, Scalli Murphy Law can help.

Other Practice Areas in Plymouth

In addition to wrongful death cases, our Plymouth attorneys handle:

Contact a Plymouth Wrongful Death Lawyer Today

After the devastating loss of a loved one, your family deserves an attorney who will treat your case with compassion while aggressively pursuing accountability. Evidence in wrongful death cases must be preserved quickly — surveillance footage, medical records, and witness memories all fade with time. The three-year statute of limitations begins running from the date of death, and claims against government entities have even shorter deadlines.

Call Scalli Murphy Law at 617-387-7000 or 1-833-933-HELP for a free, confidential consultation. We are available to meet in person at our office, by phone, or by video. Our office is conveniently located at 537 Broadway, Everett, MA, just 42 miles from Plymouth. There is no fee unless we recover for your family.

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