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Wrongful Death Attorneys Serving Malden Residents
If someone from Malden 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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Malden: the short answer
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 Malden.
Courts that serve Malden for wrongful death matters
Under M.G.L. c. 218, sec. 1, Malden is in the judicial district of the First District Court of Eastern Middlesex, which also covers Wakefield, Melrose and Everett. Malden is in Middlesex County, so a Superior Court case brought by a Malden resident goes to the Middlesex 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.
| Court | What it hears | District or address |
|---|---|---|
| First District Court of Eastern Middlesex | Civil claims up to $50,000 | Malden, Wakefield, Melrose and Everett |
| Middlesex Superior Court | Civil claims over $50,000 | 200 Trade Center, Woburn, MA 01801 |
First steps
- Get medical care and keep every record. Cambridge Hospital (CHA) and Mount Auburn Hospital are among the hospitals listed for Middlesex County, and the firm requests the records itself once you sign an authorization.
- Know the court: the First District Court of Eastern Middlesex hears claims up to $50,000 and the Middlesex Superior Court hears larger ones.
- 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 First District Court of Eastern Middlesex serves Malden, Wakefield, Melrose and Everett.
- 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).
Talk to the firm about your wrongful death matter
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Results as published by Jim Glaser Law on jimglaserlaw.com. Results vary and depend on the facts of each case. See all results
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Frequently asked from Malden
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Which District Court covers Malden?
Under M.G.L. c. 218, sec. 1, Malden is in the judicial district of the First District Court of Eastern Middlesex, which also covers Wakefield, Melrose and Everett.
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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 Malden, that is Middlesex County, and the Middlesex Superior Court sits at 200 Trade Center, Woburn, MA 01801.
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This sub-entry constitutes legal information, not legal advice. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, Massachusetts.