Wrongful Death Expert Services in Massachusetts
KWVRS provides wrongful death vocational, life care planning, and forensic economic analysis for attorneys handling cases in Massachusetts.
Wrongful Death matters in Massachusetts: where they are heard
A wrongful death action filed in the Massachusetts Superior Court, the trial court of general jurisdiction, is tried in the county where venue lies to a jury when one is demanded; its justices, as the court's page states, sit in courthouses in every county of the Commonwealth. The estate side of the matter proceeds in a different court: the Probate and Family Court handles probate, so the appointment of the person who brings the claim and the damages trial itself proceed in different courts of the same Trial Court. A federal filing is heard by the District of Massachusetts from its Boston, Worcester or Springfield divisional office. The Massachusetts Appeals Court hears the appeal, and the Supreme Judicial Court is the Commonwealth's highest appellate court.
The economic report in a Massachusetts wrongful death case projects the decedent's earnings, benefits and household services over the years the survivors would have received them, with the vocational analysis of the decedent's work history behind it. Attorneys confirm the governing rule for their case. KWVRS prepares that report to the disclosure requirements of the forum, and the expert disclosure page for Massachusetts matters describes them.
Sources: Massachusetts Court System, Superior Court: a trial court of general jurisdiction for Massachusetts; justices sit in courthouses in all of the state's counties; exclusive authority to convene medical malpractice tribunals (reviewed 2026-10-07); Massachusetts Court System, Probate and Family Court: divorce, child support and custody, and probate matters (reviewed 2026-10-07); Massachusetts Appeals Court: the Commonwealth's intermediate appellate court, a court of general appellate jurisdiction; appeals from final decisions of the Industrial Accident Board (reviewed 2026-10-07); Massachusetts Supreme Judicial Court: the Commonwealth's highest appellate court (reviewed 2026-10-07); United States District Court for the District of Massachusetts, Divisional Offices: Boston (Eastern), Springfield (Western) and Worcester (Central); the John Joseph Moakley U.S. Courthouse, Boston (reviewed 2026-10-07)
Overview
Wrongful death cases quantify the economic loss to survivors and the estate resulting from a decedent's death, most commonly as lost earnings, lost fringe benefits, lost household services, and lost personal services or guidance. The vocational component reconstructs the decedent's pre-death earning capacity; the economic component reduces projected losses to present value net of personal consumption.
Vocational and economic impact
For a decedent, the vocational component reconstructs earning capacity at the time of death using education, training, work history, industry trajectories, and labor market data. In some jurisdictions, a claimant spouse's earning capacity is also evaluated where household services or income contributions are at issue.
Damages typically include lost earnings and earning capacity across the decedent's worklife, lost fringe benefits, lost household services, and in some jurisdictions loss of personal consortium, care, guidance, and advice. Projections are reduced to present value using appropriate discount rates and net of personal consumption.
Massachusetts courts and expert standards
Wrongful Death matters in Massachusetts are litigated in the state's trial courts, with vocational, life care planning, and economic testimony evaluated under Massachusetts's expert evidence standard. KWVRS prepares reports and testimony that account for these requirements.
Where these cases are heard
- Superior Court - General jurisdiction; civil actions over $50,000, equitable and injunctive relief, all crimes including first-degree murder
- District Court - Civil cases in which the damages are not likely to be more than $50,000, small claims up to $7,000, all misdemeanors, felonies punishable by up to 5 years and many other specific felonies
- Boston Municipal Court - Criminal and civil matters for the City of Boston and the Town of Winthrop; contract and tort actions where the likely recovery is not more than $50,000, small claims up to $7,000
Highest court: Supreme Judicial Court. Federal venues: D. Mass.
Sources: Massachusetts Court System, Superior Court: original jurisdiction of civil actions over $50,000, equitable and injunctive relief and all crimes (reviewed 2026-10-06); Massachusetts Court System, District Court: in civil matters, cases in which the damages are not likely to be more than $50,000, and small claims cases up to $7,000 (reviewed 2026-10-06); Massachusetts Court System, Boston Municipal Court: the City of Boston and the Town of Winthrop, criminal and civil matters (reviewed 2026-10-06); Massachusetts Court System, Jurisdiction of the Boston Municipal Court: contract and tort actions where the likely recovery is not more than $50,000 for cases commenced on or after January 1, 2020, small claims up to $7,000 (reviewed 2026-10-06)
Attorney guides for wrongful death cases
Other case types in Massachusetts
Frequently Asked Questions
In which Massachusetts court is a wrongful death claim heard?
When the damages action is filed in the Superior Court, it is tried in the county with venue. Probate, including the appointment of the estate's representative, is a Probate and Family Court matter, and a claim filed in federal court is heard by the District of Massachusetts at Boston, Worcester or Springfield.
What does the economic expert disclose in a Massachusetts wrongful death case?
A report documenting the decedent's earnings history, the worklife and life expectancy tables applied, the fringe benefits and household services valued, the personal consumption deduction and the discount rate, prepared to the requirements of the court and exchanged on the schedule it sets.
References
- BLS Occupational Employment StatisticsGovernment
- Census Bureau - Current Population SurveyGovernment
- BLS American Time Use SurveyGovernment
- National Center for Health Statistics - Life ExpectancyGovernment
- Massachusetts Court System, Superior Court: original jurisdiction of civil actions over $50,000, equitable and injunctive relief and all crimes (reviewed 2026-10-06)Government
- Massachusetts Court System, District Court: in civil matters, cases in which the damages are not likely to be more than $50,000, and small claims cases up to $7,000 (reviewed 2026-10-06)Government
- Massachusetts Court System, Boston Municipal Court: the City of Boston and the Town of Winthrop, criminal and civil matters (reviewed 2026-10-06)Government
- Massachusetts Court System, Jurisdiction of the Boston Municipal Court: contract and tort actions where the likely recovery is not more than $50,000 for cases commenced on or after January 1, 2020, small claims up to $7,000 (reviewed 2026-10-06)Government
New England office
Smithfield, Rhode Island office(401) 269-3270Mailing address: PO Box 17013, Smithfield, RI 02917Christopher Skerritt, M.Ed., MBA, Paul J. Bourgeois, Ph.D. and John May, M.A. work from the New England office.
Ready to Get Started on wrongful death cases in Massachusetts?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.