Boston Wrongful Death Attorney Dino M. Colucci Explains Massachusetts Law on Surviving Family Claims

BOSTON, MA - Families who lose a loved one to negligence, recklessness, or a defective product in Massachusetts have the right to pursue a wrongful death claim, but the process involves strict procedural requirements and a limited group of eligible beneficiaries. Boston wrongful death attorney Dino M. Colucci of Colucci, Colucci & Marcus, P.C. (https://www.coluccilaw.com/boston-nursing-home-abuse-attorney/wrongful-death/) is explaining how these claims work under Massachusetts law and what compensation surviving families may recover.

According to Boston wrongful death attorney Dino M. Colucci, a wrongful death claim is a civil lawsuit filed when someone dies because of another party's negligence, recklessness, or intentional misconduct. Under G.L. c. 229, 2, only the personal representative of the deceased person's estate may bring the action against the responsible party. "Individual family members cannot file the lawsuit on their own," Colucci explains. "The personal representative acts on behalf of the estate and the statutory beneficiaries."

Boston wrongful death attorney Dino M. Colucci notes that the claim must be filed by the executor named in the deceased person's will or by an administrator appointed by the probate court. If no will exists, families may need to petition the court to appoint an administrator before any legal action can begin. Massachusetts recognizes several bases for wrongful death liability, including negligence, willful or reckless conduct, common carrier negligence, and breach of warranty for defective products under Article 2 of Massachusetts General Laws Chapter 106.

Attorney Colucci points out that Massachusetts imposes a three-year statute of limitations from the date of death under G.L. c. 229, 2. A limited discovery exception may apply if the personal representative did not know and could not reasonably have known the factual basis for the claim at the time of death, which arises most often in medical malpractice cases. Claims against public employers also have special procedural rules under G.L. c. 258, 4, which generally requires written presentment to the public employer's executive officer within two years of accrual.

Darin Colucci, managing partner at the firm, adds, "Because the deceased cannot testify, early evidence preservation is critical. We work with accident reconstruction experts, forensic specialists, and medical professionals to establish what happened and who bears responsibility." The firm also subpoenas records including cell phone data, surveillance footage, electronic logging devices, and in nursing home cases, facility staffing and medication administration logs.

The firm handles wrongful death matters before the Suffolk County Superior Court and coordinates with the appropriate county probate court to open the estate. Cases arise from a range of preventable incidents, including motor vehicle accidents, medical malpractice, nursing home negligence, construction site accidents, defective products, premises liability incidents, and criminal acts.

Recoverable damages under the wrongful death statute include reasonably expected net income, loss of consortium (companionship, comfort, guidance, counsel, advice, society, and protection), loss of services, and funeral and burial expenses. "Massachusetts also allows recovery under G.L. c. 229, 6 for the deceased person's conscious suffering between the injury and death," Colucci emphasizes. "Any amount recovered for conscious suffering is held as an asset of the estate." In cases involving malicious, willful, wanton, or reckless conduct, or gross negligence, punitive damages of no less than $5,000 may be awarded.

Massachusetts follows a modified comparative negligence system under G.L. c. 231, 85. Compensation is reduced by the deceased's percentage of fault, and recovery is barred entirely if the deceased is found more than 50% responsible.

For Boston families who have lost a loved one to negligence, consulting a Boston wrongful death attorney early in the process can preserve evidence and meet the strict procedural deadlines that Massachusetts law imposes.

About Colucci, Colucci & Marcus, P.C.:

Colucci, Colucci & Marcus, P.C. is a Milton, Massachusetts-based law firm focused on personal injury, wrongful death, nursing home negligence, and estate planning. Led by partners Dino M. Colucci, Darin Colucci, and Matthew Marcus, the firm represents families throughout Boston and the surrounding Massachusetts communities. For consultations, call (617) 698-6000.

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Website: https://www.coluccilaw.com/

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