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Brockton · Plymouth County

Brockton, MA Wrongful Death Attorney

If someone from Brockton died because of another person's negligence, the personal representative of the estate brings the claim under M.G.L. c. 229, sec. 2 for the spouse, children or next of kin, recovering lost income, services, care and companionship, plus funeral and burial expenses.

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What should Brockton readers know first?

A Massachusetts wrongful-death claim is brought under M.G.L. c. 229 sec. 2 by the personal representative of the deceased person's estate, for the benefit of the statutory beneficiaries, usually the spouse, children, or next of kin. Recoverable damages include the loss of the deceased person's reasonably expected net income, services, protection, care, companionship, comfort, guidance, counsel, and advice, plus reasonable funeral and burial expenses. The statute also allows punitive damages of at least five thousand dollars where the death resulted from gross negligence or from malicious, willful, wanton, or reckless conduct. A separate survival action under c. 229 sec. 6 recovers for the conscious pain and suffering the person endured before death. The claim must generally be filed within three years of the death under M.G.L. c. 260 sec. 4. Jim Glaser Law evaluates Massachusetts wrongful-death matters at no cost. Wrongful-death matters are accepted on contingency, meaning no attorney's fee unless and until the matter resolves with a recovery to the client; case-related costs and expenses are addressed in the written fee agreement.

The full Massachusetts rules, statutes and typical timeline are on the wrongful death page; this page covers what is specific to Brockton.

Courts that serve Brockton for wrongful death matters

Under M.G.L. c. 218, sec. 1, Brockton is in the judicial district of the District Court of Brockton, which also covers Bridgewater, East Bridgewater, Whitman, Abington and West Bridgewater. Brockton is in Plymouth County, so a Superior Court case brought by a Brockton resident goes to the Plymouth Superior Court.

A District Court civil case can be filed in the district where any party lives or has a usual place of business, or in an adjoining district (M.G.L. c. 223, sec. 2). Where the event happened does not decide it.

CourtWhat it hearsDistrict or address
District Court of BrocktonCivil claims up to $50,000Brockton, Bridgewater, East Bridgewater, Whitman, Abington and West Bridgewater
Plymouth Superior CourtCivil claims over $50,00072 Belmont Street, Brockton, MA 02301

First steps

  1. Get medical care and keep every record. Good Samaritan Medical Center and Signature Healthcare Brockton Hospital are among the hospitals listed for Brockton, and the firm requests the records itself once you sign an authorization.
  2. Know the court: the District Court of Brockton hears claims up to $50,000 and the Plymouth Superior Court hears larger ones.
  3. Call (617) JIM-WINS before you file or appear, so the deadline and the right court are checked against your facts.

Key terms

Judicial district
The towns one District Court division serves, as listed in M.G.L. c. 218, sec. 1. The District Court of Brockton serves Brockton, Bridgewater, East Bridgewater, Whitman, Abington and West Bridgewater.
Venue
The county or district where a case may be filed. Massachusetts sets it by where the parties live or work (M.G.L. c. 223, secs. 1 and 2).
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Recent results
$2,000,000 Auto Accident
$1,600,000 Workers’ Compensation
$1,450,000 Work-Related Wrongful Death
$925,000 Work-Related Motor Vehicle Accident

Results as published by Jim Glaser Law on jimglaserlaw.com. Results vary and depend on the facts of each case. See all results

What clients say

Client reviews as published on jimglaserlaw.com.

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“I contacted Jim Glaser Law on several occasions with some legal questions. Although I didn’t have a case, they were very knowledgeable and helpful. I also have several family members who have hired JGL and they were very satisfied with the service. Recommend.”

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What questions do Brockton readers ask most?

  • Which District Court covers Brockton?

    Under M.G.L. c. 218, sec. 1, Brockton is in the judicial district of the District Court of Brockton, which also covers Bridgewater, East Bridgewater, Whitman, Abington and West Bridgewater.

  • Where does a Superior Court case go from here?

    A Superior Court case is filed in the county where one of the parties lives or has a usual place of business (M.G.L. c. 223, sec. 1). For someone who lives in Brockton, that is Plymouth County, and the Plymouth Superior Court sits at 72 Belmont Street, Brockton, MA 02301.

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This page is legal information for $Brockton, Massachusetts readers, not legal advice for any particular matter. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, Massachusetts.

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