Wrongful death claims against public entities are governed by different rules than private lawsuits. The Massachusetts Tort Claims Act imposes strict deadlines. A two-year presentment notice must be filed with the appropriate public agency before a lawsuit can proceed.
Damage caps also apply. Under state law, claims against municipalities and public agencies are limited to $100,000. Sovereign immunity shields many government actions unless specific exceptions are met.
These cases require attorneys who understand the procedural landscape. The firms listed here have experience navigating these requirements.
Here are four Massachusetts wrongful death lawyers with experience in public liability cases.
1. Michael Kelly Injury Lawyers
Michael Kelly Injury Lawyers handles wrongful death claims involving government entities and public employees. The firm understands the Massachusetts Tort Claims Act and its strict requirements. A presentment letter must be sent to the executive officer of the public employer within two years of the incident.
The public entity then has six months to respond before a lawsuit can proceed. Families who miss these deadlines lose their right to compensation. The firm’s attorneys know how to navigate these procedural rules and preserve claims against municipalities and state agencies.
Michael Kelly Injury Lawyers, as a Boston wrongful death law firm who operates on a contingency fee basis with no upfront costs. They offer a thirty-day satisfaction guarantee and 24/7 support for families dealing with wrongful death claims. Their team of nine attorneys handles complex litigation involving governmental liability and public safety failures. For families who lost someone due to negligence by public employees or government entities, this Boston wrongful death law firm provides experienced representation.
- Handles wrongful death claims involving public liability and municipal negligence under the Massachusetts Tort Claims Act.
- Knowledge of the two-year presentment deadline that applies to claims against public entities
- Experience with the six-month response period required before filing suit against public entities
- Understanding of the strict presentment requirements that can make or break a public entity liability claim
- Contingency fee basis with no upfront costs and 24/7 client support
2. Santoro & Gray
Santoro & Gray got settlements in cases with government groups and public buildings. They got $28.1 million in the Big Dig tunnel ceiling collapse case. This was about a construction accident that caused a death. Government contractors and public groups were involved.
The case had 15 defendants, and Santoro & Gray handled it. They showed they can deal with cases with many parties, against government groups. Santoro & Gray did well in this case with many defendants.
The firm also handled the commuter rail cardiac death case of Allen v. MBTA, which involved a wrongful death claim against the Massachusetts Bay Transportation Authority. Bradley Henry, a senior trial lawyer at the firm, also represented families in the Merrimack Valley Gas Explosion disaster case against Columbia Gas and its parent company.
Santoro & Gray exclusively handles personal injury matters, including wrongful death cases involving transportation disasters, construction collapses, and public safety failures. Their experience with government-related claims includes cases against the MBTA and other public entities. They are trusted Boston fatal injury lawyers for families dealing with wrongful deaths involving public entities.
- $28.1 million Big Dig tunnel collapse settlement against government entities
- Allen v. MBTA commuter rail wrongful death case
- Merrimack Valley Gas Explosion disaster representation
- Experience with Massachusetts Tort Claims Act requirements
- Multi-party litigation involving public infrastructure contractors and public entities
3. Swartz & Swartz, P.C.
Swartz & Swartz has a nationwide litigation practice handling product liability and wrongful death cases involving defective government equipment and public safety failures. The firm’s managing attorney maintains a nationwide trial practice focusing on negligence, products liability, and wrongful death claims.
The firm has secured numerous million-dollar and multi-million-dollar results in product liability cases involving defective consumer products, medical devices, and public safety equipment. Their experience includes cases involving defective government equipment that caused catastrophic injuries and wrongful death.
Swartz & Swartz has been recognized by Super Lawyers every year since 2004 and maintains an AV Peer-Review rating. The firm’s practice areas include wrongful death, class actions, railroad law, maritime law, and aviation law — all areas where public entities and public safety regulations play a significant role. This breadth of experience makes them reliable wrongful death attorneys for cases involving government liability.
- Handles product liability cases involving defective public equipment and safety failures
- Experience with Federal Tort Claims Act (FTCA) claims against federal agencies
- Nationwide practice handling wrongful death claims against public entities
- Multi-million dollar results in catastrophic injury cases involving public liability
- Understanding of sovereign immunity and claim presentment requirements
4. Rawson, Merrigan & Litner, LLP
Rawson, Merrigan & Litner, LLP handles maritime and admiralty law cases involving government vessels and public waterways. These cases often involve wrongful death claims against public entities that operate ferries, water taxis, and other municipal vessels.
The firm has over 75 years of combined experience in personal injury and wrongful death litigation. Partners personally handle every case from start to finish, including complex litigation involving multiple defendants and government entities.
Rawson, Merrigan & Litner also handles product liability and premises liability cases where public entities may be responsible for unsafe conditions. The firm’s attorneys understand the procedural requirements for filing claims against municipalities and state agencies under the Massachusetts Tort Claims Act.
Boston families trust the lawyers at Rawson, Merrigan & Litner when they need a death lawyer for cases that involve the government. Rawson, Merrigan & Litner are the death lawyers Boston families go to when they have a case against a public entity.
- Handles maritime wrongful death cases involving public agency vessels and public waterways
- Claims against public entities require strict adherence to presentment deadlines under the Massachusetts Tort Claims Act
- Premises liability claims against government-owned properties and public buildings
- Experience with federal maritime regulations and public entity liability
- Specialized knowledge of Jones Act and Longshoreman & Harbor Workers’ Compensation Act claims
How Government Liability Cases Are Different
Wrongful death claims against government entities follow different rules. A two-year presentment notice must be filed with the appropriate agency before any lawsuit can proceed. This deadline is separate from the three-year statute of limitations for filing the actual lawsuit.
Claims against municipalities and state agencies are capped at $100,000 under the Massachusetts Tort Claims Act. This damage cap applies to all wrongful death claims against public entities, regardless of the actual damages suffered by the family.
The state has something called immunity that keeps it safe from a lot of lawsuits. In Massachusetts, the Massachusetts Tort Claims Act allows public entities to be sued in certain cases. These cases are special. Have to meet certain rules.
Lawyers have to show that someone who works for a public agency was careless and did not do their job right.
The government can be held responsible in these cases.
Saving evidence is critical when filing a wrongful death claim against the state. Public agencies may destroy records if families do not act fast. The firms listed here understand this challenge. They know how to preserve evidence and navigate the unique procedural requirements of municipal liability cases.
Key Deadlines in Government Liability Cases
Wrongful death claims against government entities in Massachusetts have strict deadlines that do not apply to private lawsuits. Families must act quickly or lose their right to compensation.
- Two-year presentment deadline: Families must send a written notice to the executive officer of the public entity within two years of the death. This notice must describe the incident, the injuries, and the damages claimed.
- Six-month response period: The public entity has six months to investigate and respond to the presentment notice. Families cannot file a lawsuit until this period expires or the entity denies the claim.
- Three-year statute of limitations: Families have three years from the date of death to file a lawsuit. This deadline applies to claims against both private parties and government entities.
- **$100,000 damage cap:** Under Massachusetts law, claims against municipalities and state agencies are capped at $100,000. This cap applies regardless of the actual damages suffered by the family.
- Presentment requirements: The notice must be sent to the correct executive officer of the public employer. Sending it to the wrong person or office can invalidate the claim entirely.
The firms on this list understand these deadlines and requirements. They know how to file proper presentment notices and preserve claims against public entities. Families who miss these deadlines cannot recover compensation for their loss.
Final Thoughts
Government liability cases require specialized knowledge. The procedural requirements are strict, and the damage caps are low. Families need attorneys who understand these unique challenges.
The firms listed here have experience with claims involving public entities and public safety failures. They have helped families who lost loved ones because of mistakes made by state employees or municipal agencies. These firms have secured compensation for these families.
Michael Kelly Injury Lawyers provides experienced representation for families dealing with wrongful death claims involving government entities. Their understanding of the Massachusetts Tort Claims Act and contingency fee structure makes them a strong choice for families seeking a wrongful death attorney in Boston with government liability experience.
