Plymouth Wrongful Death Lawyer

Did you lose a loved one in an accident in Plymouth, MA?

At Fogelman Law LLC, we are wrongful death lawyers who pursue full recovery for families who have lost a loved one.

If a family member died in Plymouth because of someone else’s negligence, Massachusetts law allows the personal representative of the estate to bring a claim on behalf of the family. That claim can address both the financial loss and the personal loss your family has suffered.

Our Plymouth, MA wrongful death lawyer investigates the death, identifies every responsible party, and pursues the full value the law assigns to your loved one’s life, including the guidance and companionship your family lost. Fogelman Law LLC handles wrongful death claims on contingency, and our attorneys bring 20 years of experience to these cases. Contact us for a free, confidential consultation.

Wrongful Death Lawyer Plymouth, MA

The Department of Public Health counted 14 work-related fatal injuries in Plymouth County across 2021 and 2022, part of 178 such deaths statewide over those two years, according to its fatal injuries report.

A wrongful death lawyer represents the estate and family of someone killed by another party’s negligence or reckless conduct. In Massachusetts, the claim is brought by the executor or administrator of the estate, and any recovery goes to the family members the law designates. The lawyer must prove liability and then present the full scope of what the family lost, both financially and personally. Those losses often extend decades into the future, which is why careful documentation matters from the start. A young parent’s death, for example, affects household income, child care, and the guidance children would have received through adulthood.

Types of Wrongful Death Cases We Handle in Plymouth

Fatal incidents in Plymouth occur on highways, at job sites, on private property, and in the care of companies that owed a duty to keep people safe. Families come to us after deaths in all of these settings, and each case begins with a careful reconstruction of how the death occurred.

• Car accidents. Fatal crashes on Route 3 and Plymouth’s state roads often involve speeding, impairment, or wrong-way driving. We use crash reconstruction, toxicology results, and vehicle data to establish fault.
• Pedestrian accidents. People walking along roads without sidewalks or crossing busy downtown streets are especially vulnerable to fatal injuries. We examine visibility, driver conduct, and road design to identify each responsible party.
• Truck accidents. Commercial trucks cause devastating crashes when drivers are fatigued or vehicles are poorly maintained. Trucking companies often carry larger insurance policies, and we pursue every layer of available coverage.
• Workplace deaths caused by third parties. Claims against an employer are usually limited, but contractors, equipment manufacturers, and property owners may still be held responsible. We look for every party outside the employer whose negligence contributed to the death.
• Slip and fall accidents. Falls from stairways, ladders, and icy walkways can be fatal, particularly for older adults. Our investigation focuses on how long the hazard existed and whether the owner should have corrected it.
• School bus and transit deaths. Bus companies and transit operators owe a high degree of care to the people they carry and to pedestrians nearby. These cases require early review of driver records, route plans, and company safety practices.
• Drunk driving deaths. A criminal prosecution of an impaired driver does not replace the family’s civil claim, which moves forward on its own track. Reckless conduct of this kind may also support a claim for punitive damages.

Why Choose Fogelman Law LLC as my Wrongful Death Lawyer in Plymouth, MA?

Holding Companies and Institutions Accountable

Matthew Fogelman, a Boston College Law School graduate, represents the family of a five-year-old boy killed by a school bus in Hyde Park in April 2025, in a lawsuit against Transdev and the bus driver. Jeffrey Simons, a 2011 graduate of the University of Pittsburgh School of Law, has handled claims for injured people and grieving families in Massachusetts for 14 years.

Bus operators, trucking companies, and property managers defend fatal claims with substantial resources, and we have litigated against defendants of that size. We bring that record to every case we handle as a personal injury lawyer in Plymouth, MA.

Results for Families After Fatal Incidents

Across all of our practice areas, Fogelman Law LLC clients have seen millions of dollars recovered, and our work for families after a death includes:

• Representation of the parents of a college student killed by a commuter rail train in an area near campus where students frequently gathered
• A recent claim on behalf of the family of a passenger killed in a car crash
• A significant settlement for a young girl whose mother was struck and killed by a car
• Several cases arising from the deaths of drivers, passengers, and pedestrians in Massachusetts crashes

Understanding Wrongful Death Cases

What Are Important Aspects of a Wrongful Death Case?

Wrongful death claims follow rules that differ in important ways from injury claims brought by a living person, and a wrongful death lawyer must account for each of them from the first meeting.

• Who files. The claim belongs to the executor or administrator of the estate, so the family may first need an appointment from the Plymouth Probate and Family Court.
• The deadline. Under Chapter 229, Section 2, the action generally must begin within three years of the death, or within three years of when the executor knew or reasonably should have known the factual basis for the claim.
• Who may be liable. Negligent drivers, property owners, companies, and their employees may all share responsibility, and many fatal cases involve multiple liable parties.
• Avoidable errors. Accepting an early offer or losing evidence can reduce a family’s recovery, and both rank among the most common wrongful death mistakes.

What Should You Bring to Your Wrongful Death Consultation?

Families can bring whatever records they have available, and we will help gather the rest:

• The death certificate and any police or incident reports
• Medical records and bills from the final injury or illness
• Funeral and burial invoices
• Information about your loved one’s employment and income
• Any letters from insurance companies or the at-fault party

During a free and confidential consultation, a wrongful death attorney explains who is entitled to bring the claim, what it may be worth, and where the evidence is strong or thin, so your family can decide on next steps without pressure. We can meet whenever your family is ready, although an early conversation helps us preserve evidence.

Damages, Liability, and Compensation for Wrongful Death Cases

Massachusetts measures wrongful death damages by the fair monetary value of the person who died to the family members entitled to recover. That value includes the net income the person would have provided, along with the loss of services, protection, care, assistance, companionship, comfort, guidance, counsel, and advice. Families may also recover reasonable funeral and burial expenses. A wrongful death attorney presents these losses through testimony from family members, financial records, and, where appropriate, an economic analysis of the income the person would have earned over the rest of a working life.

When the death resulted from gross negligence or from malicious, willful, wanton, or reckless conduct, the same statute allows punitive damages of at least $5,000. The estate may also pursue compensation for any conscious pain and suffering the person experienced before death, which is evaluated much like other Massachusetts injury damages.

Liability rests on proof that the defendant’s negligence or reckless conduct caused the death. If the defense argues that the person who died was partly at fault, Chapter 231, Section 85 reduces the recovery by that share of negligence. Recovery is barred only if that share exceeds the combined negligence of the defendants.

What Is The Wrongful Death Case Timeline?

Wrongful death cases often take longer than injury claims, because the estate must be opened before the claim can move forward. Most cases handled by a wrongful death lawyer in Plymouth pass through these stages:

• Appointment of an executor or administrator through the probate court
• Investigation of the death, including reports, records, and witness interviews
• A demand to each responsible insurer with documentation of the family’s losses
• Settlement negotiations, which may involve several defendants and their insurers
• A lawsuit in the Plymouth County Superior Court or another proper court when negotiations fail

Any recovery must also be distributed among the family members entitled to share in it, a step we handle with care for every relative involved.

Reach Out to Fogelman Law LLC to Schedule a Consultation

Losing a family member to someone else’s negligence leaves questions that deserve answers, and a confidential conversation with our firm is a reasonable place to begin. Our firm handles these cases on contingency, and no attorney fee is charged unless the claim results in a recovery. Our office takes calls at any hour, and a member of our staff will reach out to schedule a time that works for your family. Contact us to speak with a Plymouth wrongful death attorney.