Key Takeaways: Springfield Wrongful Death Lawyer
- Wrongful death lawsuits allow surviving family members to pursue compensation after a loved one’s preventable death;
- In Massachusetts, the claim must be filed by a personal representative of the deceased’s estate;
- Damages may include funeral costs, medical bills, lost income, and emotional suffering;
- Comparative fault laws in Massachusetts may affect how much compensation is recoverable;
- Families should act quickly, as there are strict deadlines to file a wrongful death action and preserve key evidence; and
- Cava Law Firm offers nearly 30 years of experience handling wrongful death cases in Springfield and provides free consultations to help you get started.
Why Choose Cava Law Firm for Your Springfield Wrongful Death Case?
Legal action after an untimely death is more than a lawsuit. It is a demand for accountability. At Cava Law Firm, we have built our reputation on bold, smart, and aggressive representation combined with compassionate client care. Our goal is simple: to recover the compensation you and your family need while taking the weight of a legal dispute off of you.
We proudly serve clients throughout Springfield and the surrounding Western Massachusetts area, including East Forest Park, Indian Orchard, and Six Corners. With our office located near Court Square in downtown Springfield, our team knows the roads, neighborhoods, and local courts where these tragedies often unfold.
Personalized, Family-Centered Legal Representation
Cava Law Firm is a family-run law firm, and that informs everything we do. Our attorneys—Christopher F. Cava and Jennifer L. Cava-Foreman—work closely with clients, treating each case with the attention and care it deserves. We take the time to get to know you, understand your goals, and tailor a strategy that suits your family’s needs.
You will never be treated like a case number. From your first free consultation through resolution, we will stand by your side, prepared to do whatever it takes to secure justice for you and your loved one.
Proven Results in Wrongful Death and Personal Injury Litigation
We never settle for lowball offers. Our attorneys have recovered millions of dollars for families through verdicts and settlements. These include wrongful death claims, catastrophic injury cases, and medical malpractice actions where hospitals and insurers initially denied responsibility.
We are not afraid to take cases to trial when needed, and insurers know that we are always ready. That reputation leads to stronger negotiating power and, more often than not, better results for our clients.
Free Consultations and Contingency-Based Representation
Every wrongful death lawsuit begins with a no-cost consultation. There are no fees unless we win your case. This means you can focus on healing while we focus on holding the responsible party accountable.
Call us today at (413) 737-3430 or (413) 781-CAVA. Let us explain your options in plain language and help you take the first steps forward. Remember – Winning is NO Accident!
What Is Considered a Wrongful Death Under Massachusetts Law?
A wrongful death occurs when someone’s careless or reckless behavior causes another person’s death. In Springfield and throughout Massachusetts, wrongful death laws allow surviving family members to seek financial compensation for both economic and non-economic losses.
Under Massachusetts General Laws Chapter 229, Section 2, a wrongful death action can be filed if the death was caused by:
- Negligence;
- Reckless conduct;
- A willful or wanton act; or
- A breach of warranty.
After an unexpected death, families deserve clarity, dignity, and justice. A wrongful death lawsuit is not about assigning blame. It is about making sure that the people left behind receive the financial support they need to move forward.
Who Can File a Wrongful Death Lawsuit in Springfield?
Massachusetts law requires that a wrongful death action be filed by the personal representative of the deceased person’s estate. Often, this is a surviving spouse, adult child, or parent, but it does not have to be. The personal representative acts on behalf of all immediate family members and other beneficiaries.
Wrongful death claims can compensate those who relied on the deceased for emotional or financial support. Qualifying family members include:
- Spouses and domestic partners;
- Children;
- Parents; or
- Other dependent family members.
If the deceased did not appoint a personal representative before passing, the probate court can appoint someone to serve in that role.
What Damages Can Be Recovered in a Springfield Wrongful Death Suit?
When wrongful death occurs, the losses go far beyond the emotional toll. Financially, your family may be left with medical expenses, funeral bills, and a sudden loss of income. A successful wrongful death claim can help you recover full compensation for wrongful death in Massachusetts, including:
- Funeral costs and burial expenses;
- Medical bills related to the fatal injury;
- Lost future income and benefits;
- Loss of companionship and emotional support; and/or
- Loss of household services, care, and guidance.
In some cases, punitive damages may also be awarded, especially if gross negligence or intentional misconduct was involved.
There is no cap on damages in Massachusetts wrongful death actions, including those arising from medical malpractice that results in death. The statutory cap on non-economic damages in medical negligence cases does not apply when the outcome is fatal.
If your loved one passed away due to a healthcare provider’s fatal error, our team of Springfield wrongful death attorneys will determine whether a damages cap applies to your case.
What If the Deceased Was Partially at Fault?
Massachusetts follows a modified comparative negligence rule under M.G.L. Chapter 231, Section 85. If your loved one is found to have contributed to their own death, it may reduce the amount your family can recover.
Here is how it works:
- If the deceased was more than 50% at fault, the claim is barred.
- If the deceased was 50% or less at fault, compensation is reduced by that percentage.
For example, if you or your loved one is found to share 20% of the fault for the accident, your total recovery would be reduced by 20%.
Insurance companies often try to shift blame to lower their share of liability. That is why you need an experienced wrongful death attorney to present strong evidence and protect your claim.
How Our Springfield Wrongful Death Attorneys Help Families Rebuild
When someone else’s negligence results in the loss of life, you only have one chance to secure justice, and the process can be extremely challenging. The legal system is filled with procedural requirements, deadlines, and insurance company tactics designed to reduce or deny your claim. At Cava Law Firm, our experienced wrongful death attorneys take on the legal burden so you can focus on taking care of yourself and your family.
From your first meeting with our team, we will take immediate steps to protect your claim. We work with medical experts, accident reconstruction specialists, and financial consultants to build a strong case for maximum compensation. Whether your case stems from medical malpractice at a Springfield hospital or a pedestrian death on Boston Road, we are ready.
Our team will:
- Investigate the circumstances surrounding your loved one’s death;
- Gather medical records, police reports, and witness statements;
- Consult with experts to prove negligence and damages
- File the wrongful death claim with the correct court;
- Handle all communications with insurance companies; and
- Negotiate toward a fair settlement or prepare for trial, if necessary.
Many families wait too long before contacting a lawyer. Valuable evidence, such as surveillance footage, electronic data, or skid marks, can be lost within days. The sooner you call, the sooner we can begin building your case and protecting your rights.
Springfield Wrongful Death Lawsuit Timeline and Legal Process
Massachusetts imposes a three-year statute of limitations on wrongful death claims, beginning from the date of death or from the date you discovered (or should have discovered) that negligence caused the death. This is established under M.G.L. Chapter 229, Section 2.
In practical terms, that means waiting even a few months can impact your ability to file. Once you file a wrongful death suit in Springfield, your lawyer will begin the legal process, which may include:
- Identifying the liable parties;
- Filing court paperwork with the Hampden County Probate and Family Court;
- Entering settlement negotiations with insurers; and
- Preparing for trial if the insurance company refuses to offer you a fair deal
While many cases settle outside of court, we prepare every case as if it is going to trial. This approach gives your case more leverage during negotiations and lets the other side know we will not settle for anything less than an amount that covers the full scope of your damages and losses.
What Should You Do After a Fatal Accident in Springfield?
While nothing can undo what happened, there are critical steps you can take now to protect your legal rights.
- Hire a lawyer. Contact an experienced Springfield wrongful death attorney immediately. Early action improves your chances of success.
- Keep all records. Save medical records, police reports, receipts, funeral bills, and written communication from any insurance companies.
- Follow through with probate. If you are the personal representative of the estate, work with your lawyer to open a probate file promptly.
- Document your grief and impact. Keep a journal or video log of your family’s emotional suffering and life changes caused by the loss.
- Avoid early settlements. Insurance companies often make quick offers to limit their liability. Never sign anything without legal guidance.
Each step you take now will improve your chance of filing a successful wrongful death claim later.
FAQs About Wrongful Death Claims in Massachusetts
How much does it cost to hire a wrongful death lawyer?
At Cava Law Firm, there are no upfront costs. We work on a contingency fee basis, meaning you only pay if we recover compensation for your case.
What is the deadline to file a wrongful death claim in Massachusetts?
You have three years from the date of death or the date you discovered negligence. Missing this deadline may prevent your claim from being filed.
What if the deceased had no will?
Even without a will, a court-appointed personal representative can still file a wrongful death lawsuit on behalf of the estate and surviving family members.
Can multiple family members recover compensation?
Yes. While the estate’s representative must file the claim, the damages awarded may benefit several family members, including children, spouses, and dependents.
What types of evidence are most useful in proving wrongful death?
Medical records, accident reports, witness statements, expert testimony, and financial documentation are all critical in building a strong wrongful death case.
