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Malden Wrongful Death Lawyer

The unexpected loss of a loved one changes every part of your life. The grief is only compounded when that death was preventable and caused by someone else’s conduct. Families are often left with unanswered questions about what happened, how to hold the responsible party accountable, and how to move forward financially. While nothing can undo your loss, a wrongful death claim may provide your family with financial security and a sense of accountability.

Whether your loved one was killed in a motor vehicle collision, workplace accident, fall, or another act of negligence in Malden, Rob Levine Law is here for you. Our Malden wrongful death lawyers can explain your legal options, protect your family’s rights, and guide you through every step of the legal process.

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How Our Malden Wrongful Death Lawyers Can Help You After Losing a Loved One

After the loss of a loved one due to another party’s conduct, families are left trying to process their grief. The last thing they need is the stress of dealing with unfamiliar legal and insurance matters. We step in to take that burden off your shoulders so you can focus on your family.

Our team conducts a thorough investigation into what happened, gathers and preserves key evidence, requests medical records and police reports when available, speaks with witnesses, and consults with experts when needed to better understand the cause of the incident. We also manage all communication with insurance companies and work to identify every party that may share responsibility.

For more than 25 years, Rob Levine Law has represented injured individuals and grieving families in Malden and across New England. Whether you prefer to meet in person, speak remotely, or need us to come to you, we’re available to provide steady guidance and support when you need it most.

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Who Is Eligible to File a Wrongful Death Claim in Malden?

Under Massachusetts law, a wrongful death claim must generally be brought by the personal representative of the deceased’s estate, rather than by individual family members.

Although the personal representative files the claim, any recovery is distributed among eligible surviving family members. Depending on the circumstances, the beneficiaries may include the spouse, children, parents, or next of kin. If your loved one did not have a will or appoint a personal representative, the probate court can appoint someone to fulfill that role.

Does the Cause of Death Change Your Claim?

The circumstances of a wrongful death case often determine how the claim is investigated, what evidence is needed, and who is responsible. Wrongful death claims can arise from the following:

  • Car, truck, motorcycle, bicycle, and pedestrian accidents
  • Workplace accidents
  • Slip and fall accidents
  • Medical malpractice
  • Defective products

Whether a loved one was killed in a fatal crash on Main Street, a construction accident on Salem Street, or another preventable incident, building a successful claim begins with understanding exactly how the death occurred.

Who May Be Held Responsible in a Malden Wrongful Death Claim?

The person or company responsible depends on the facts of the case. In some situations, a single negligent party is responsible. In others, multiple individuals or businesses may share liability. A thorough investigation is often necessary to identify everyone whose negligence contributed to the loss.

  • Drivers who speed, drive while distracted, fail to yield, or operate a vehicle under the influence may be liable for causing a fatal car accident.
  • Property owners have a responsibility to maintain reasonably safe conditions. Unsafe stairways, untreated ice, poor lighting, or other hazards may contribute to a fatal accident, such as a slip and fall.
  • Doctors, nurses, hospitals, and other healthcare providers may be held responsible for medical malpractice when a failure to meet the accepted standard of care results in a patient’s death.
  • Fatal workplace accidents may involve employers, contractors, or other companies that failed to provide proper training, equipment, or safe working conditions.
  • Companies that design, manufacture, or distribute defective products may be liable when those products cause fatal injuries.

What if Your Loved One Was Partly at Fault in the Fatal Accident?

In the aftermath of a devastating loss, it’s not uncommon for insurance companies to allege that your loved one shared some responsibility for what happened. Massachusetts has a modified comparative negligence law that also applies to wrongful death claims.

If the deceased was less than 51% responsible for the accident, the estate may still recover damages on behalf of the beneficiaries. However, any award would be reduced by the deceased’s share of the blame. These situations are often complex and emotionally difficult for families. A wrongful death lawyer can carefully and thoroughly investigate and gather evidence to push back against attempts to blame your loved one for their death.

What Damages Can Be Recovered in a Wrongful Death Case?

Wrongful death damages seek to address both the financial consequences of losing a loved one and the profound personal losses experienced by surviving family members. The damages available depend on the specific facts of each case and may include the following:

Economic Damages

Economic damages compensate for the measurable financial losses, including funeral and burial expenses, medical expenses incurred before death, and the income and financial support the deceased would likely have provided in the future.

Non-Economic Damages

Families may also recover damages for the loss of companionship, care, guidance, and comfort that bills or receipts cannot measure. The estate can also recover compensation for the deceased’s conscious pain and suffering before death.

Punitive Damages

In limited circumstances involving gross negligence or willful, wanton, or reckless conduct, Massachusetts law may also permit punitive damages.

How Long Do You Have to File a Malden Wrongful Death Lawsuit?

The statute of limitations for personal injury claims in Massachusetts generally gives families three years from the date of death to file a wrongful death lawsuit.

Waiting too long can permanently prevent your family from pursuing compensation. Acting promptly also allows your attorney to preserve evidence, interview witnesses while memories remain fresh, and begin building the strongest claim possible.

Rob Levine Law Is Here When You're Ready to Seek Justice

Choosing whether to pursue a wrongful death claim is a deeply personal decision. If you and your family decide to move forward, Rob Levine Law provides experienced legal guidance with compassion, respect, and a client-focused approach. We’ve helped more than 50,000 people throughout New England and have recovered over $2 billion in disability benefits and injury compensation.

Our attorneys can answer your questions, explain your legal options, and pursue accountability on behalf of your loved one at no upfront costs with our Fee Free Guarantee®. Call (888) 791-9135 or contact us online to schedule a free consultation.

Wrongful Death FAQs

What Evidence Do I Need to Prove That Someone Else Caused My Loved One’s Death?

Evidence may include medical records, witness statements, photographs, surveillance footage, accident reconstruction reports, and expert testimony. The specific types of evidence required will vary depending on the circumstances of the death and how the incident occurred.

Yes. Families may pursue a wrongful death claim if a healthcare provider’s negligence has caused a loved one’s death. These claims often require medical experts to evaluate whether the provider failed to meet the accepted standard of care.

Possibly. While workers’ compensation may provide certain benefits, some workplace deaths also give rise to third-party wrongful death claims against contractors, equipment manufacturers, or other negligent parties.

Insurance companies may deny or dispute liability, but a wrongful death attorney can investigate the incident, gather additional evidence, and advocate for your family’s rights.

Possibly, but claims involving government entities often have special notice requirements and shorter deadlines. Speaking with a Malden personal injury attorney as soon as possible can help ensure those requirements are met.

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Office Location

Malden, MA

5 Cross St, Unit 211, Malden, MA

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