Boston Wrongful Death Legal Representation by Peck Trial Attorneys

Boston Wrongful Death Lawyers

Request a Free Consultation 857-557-7325

John Peck, Owner and Lead Attorney

What our clients say

Great experience working with John Peck. Super professional and efficient and had my back through the whole experience. Would definitely work with this firm again.

Emma Kleinman

When no one else would take my case they did. And they found away to assist me when others said it was impossible and couldn’t be done. I appreciated the support and service I received. It felt like it was a team of people that was working on me and my daughters case and not just one person

Keith Rodgers

Case Results

$1MM

WON

Injuries: Multiple fractures, cervical spine injury, failed shoulder surgery, permanent disability A 79-year-old man was struck in a marked crosswalk by a commercial vehicle. The driver claimed bad weather obscured his view. We pulled the weather report. No precipitation at the time of impact. We obtained surveillance video showing the collision clearly. We deposed the driver and exposed contradictions in his testimony about speed, visibility, and awareness. We documented over $300,000 in past medical bills, $150,000 in lost earnings, and $500,000 in future medical costs. We secured a settlement over $1,000,000 for our client.

$300,000

WON

Injuries: Lumbar disc herniations, elbow ligament sprain, knee cartilage damage Our client was riding his moped through a Boston intersection when the at-fault driver made an illegal U-turn into his path. The ER ran CT scans. No fractures. The insurer pointed to those clean scans early and tried to avoid responsibility for any injuries. Our client went to an orthopedist who ordered MRIs. They revealed two lumbar disc herniations compressing nerve roots, a torn elbow ligament, and cartilage loss in the knee. The radiologist confirmed each injury was causally related to the collision and we secured the $300,000 policy limit.

Confidential Settlement

WON

Injuries Severe soft tissue trauma, nerve damage, knee and ankle injuries Our client was riding in a designated bike lane on a major Boston avenue when a rear passenger door of a commercial SUV swung open directly into her path. She struck the door and was thrown from her vehicle. The passengers stepped over her, told her she “needed to be more careful,” and walked away. The driver checked on her briefly, then got back in the vehicle and drove off without providing any identifying information. The insurer denied liability. It claimed our client was not in the bike lane and disputed that the driver fled the scene. The police report said otherwise. Dispatch notes logged in real time documented a hit in the bike lane and confirmed the vehicle drove off. Officers broadcast the plate to other units — standard procedure for a hit-and-run. We built the demand around the official record and Massachusetts General Laws Chapter 90, Section 14, which places the legal burden on the person opening the door, not the cyclist. The driver also violated M.G.L. c. 90, § 24(2)(a) by leaving the scene of an accident involving personal injury. Our client lost all sensation in her left arm for weeks due to a severe hematoma at the impact site. She could not lean on the arm, could not sleep without waking from numbness, and still carries a visible indentation where the door struck her. The case resolved for a confidential settlement in the high six figures.

Our Location

Address:
77 Franklin St, Boston, MA 02110

Phone:
857-557-7325

The pain of losing a loved one is immeasurable, especially when their death could have been prevented. In Massachusetts, the law recognizes such tragedies as "wrongful death," providing a pathway for families to seek justice and financial relief. If your loved one has been the victim of a fatal accident in Boston due to someone else's negligence, Peck Trial Attorneys, led by John Peck, is here to guide you through this difficult time and help secure the compensation you deserve.

Understanding Wrongful Death Claims Under Massachusetts Law

Wrongful death occurs when a person's death results from another's negligence or reckless actions. Unlike criminal cases, wrongful death claims aim to provide financial compensation to the victim's family without imposing criminal penalties on the offender. This civil action can proceed regardless of any ongoing criminal proceedings and is not contingent upon the defendant's intent to harm.

Who Can File a Wrongful Death Action in Boston, Massachusetts?

In Massachusetts, the executor or administrator of the deceased's estate, often designated in the will or appointed by the court, is the only individual authorized to file a wrongful death lawsuit. Although the executor formally initiates the lawsuit, the compensation ultimately benefits the deceased's surviving family members, including spouses, children, parents, siblings, and other relatives.

The Importance of Legal Representation in Wrongful Death Lawsuits

Pursuing a wrongful death lawsuit can be complex, especially when dealing with insurance companies focused on their bottom line rather than your family's wellbeing. At Peck Trial Attorneys, our goal is to protect your interests. Our experienced attorneys will handle every aspect of your case, from conducting thorough investigations to negotiating with insurance companies, allowing you to focus on healing.

Damages Recoverable in Wrongful Death Lawsuits

Massachusetts law specifies the types of damages recoverable in wrongful death cases, which may include compensation for lost income, services, protection, care, companionship, and funeral expenses. In cases of particularly egregious conduct, punitive damages may also be awarded to punish the responsible party.

Identifying Liable Parties

Determining liability in a wrongful death case is critical. Responsible parties may include drivers in fatal accidents, employers, property owners, product manufacturers, or healthcare providers. Our team at Peck Trial Attorneys will diligently investigate your case to ensure all liable parties are held accountable.

Addressing Comparative Negligence

Insurance companies often attempt to shift blame to the victim to reduce their payout. Massachusetts' modified comparative negligence laws allow for compensation as long as the deceased was less than 51% responsible for the accident. Our attorneys are skilled at minimizing any alleged fault of your loved one to maximize your compensation.

Statute of Limitations for Filing a Wrongful Death Lawsuit

Massachusetts imposes a three-year statute of limitations for wrongful death claims, starting from the date of your loved one's passing. It's crucial to act within this timeframe to preserve your right to compensation. In cases where the cause of death was not immediately known, the law allows for filing within three years from when the executor reasonably should have discovered the basis for the claim.

Why Choose Peck Trial Attorneys

Peck Trial Attorneys has a proven track record of supporting families through the complexities of wrongful death claims, securing significant settlements and verdicts that reflect the gravity of their loss. Our compassionate team is committed to providing personalized, empathetic legal representation during this challenging time.

If you're facing the aftermath of a wrongful death in Boston, let Peck Trial Attorneys help you navigate the legal process and fight for the justice and compensation you and your family deserve. Contact us at 857-557-7325 or visit our office at 77 Franklin Street, Fourth Floor, Boston, MA 02110 for a free consultation.