​Wrongful Death Claims

What to know when a loved one has died due to another's negligence

We’ve got experience and a network of resources.

SUGARMAN’s attorneys have successfully brought and tried wrongful death claims in almost all areas of our personal injury practice. In addition to our experience and ability, we have the resources to engage highly qualified medical and liability experts to prepare the case and present it to the jury. SUGARMAN also has a network of attorneys in the fields of probate, estate and family law that we can consult with should the need arise.

More About Wrongful Death Claims

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If you or a loved one have been affected by a wrongful death, the lawyers at SUGARMAN are here to help.

More About Wrongful Death Claims

A defective industrial product that needlessly kills a worker. A botched surgery that results in a patient’s death. A violent car crash with multiple victims. There are a number of tragic circumstances that can give rise to a wrongful death claim under Massachusetts law. These claims are unique in that they often involve issues of not only personal injury law, but also probate, estate and family law as well. Massachusetts has specific laws that dictate who may recover when a wrongful death claim is brought, the process for establishing which family member has the right to bring a claim on behalf of the deceased, and the types of damages that juries are allowed to award in wrongful death claims.

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Gaeta v. National Fire Ins. Co., 410 Mass. 592 (1991)

Pursuant to a court-approved settlement under G. L. c. 152, §15, the Massachusetts Insurers Insolvency Fund cannot avoid its obligation of reimbursing any monies paid by a worker’s compensation insurance company.

Defective consumer product – Child dies due to carbon monoxide poisoning

Settlement of wrongful death case on behalf of a family who lost a child as a result of carbon monoxide poisoning. SUGARMAN attorneys brought product liability and general negligence claims alleging improper installation of a residential boiler, and a defect in the boiler which allowed it to create and introduce high concentrations of carbon monoxide into the home during foreseeable weather events, such as heavy snow storms.

Escalator death of four-year old

A four-year old boy fell to his death through a gap between an escalator and the adjacent railing. The escalator construction company failed to install deck barriers as required by the construction plans and by state escalator and building codes. Settlement with escalator contractor, store and mall owner for the boy’s parents.

Wrongful death of nursing home patient

Settlement for family of elderly patient whose C. Difficile illness went untreated for several days when the staff at her nursing home in Boston failed to review critical laboratory results and failed to transfer the patient to a hospital for immediate care. By the time the patient was transferred to a hospital, four days after her symptoms began, she was septic and she passed away shortly thereafter.

Death as a result of doctor’s failure to diagnose cardiac condition

Wrongful death settlement for widow and family of 48-year-old man against primary care physician for failure to properly examine, diagnose and treatment cardiac condition. The patient died as a result of the doctor’s malpractice.

Death following exploratory surgery

Settlement of medical malpractice lawsuit reached against surgeon in the death of 40-year-old patient who died from complications following exploratory surgery for infertility.

Death of twenty-one year old after allergic reaction

Just before the start of a scheduled trial and after significant discovery, SUGARMAN’s attorneys were able to obtain a settlement for the Estate of a twenty-one year-old man who died after the emergency room physician in a hospital outside of Boston failed to intubate the man for over an hour. The man had arrived at the emergency room barely able to breath due to an allergic reaction. Instead of performing a surgical airway, the physician attempted multiple incorrect methods of airway management, causing the patient’s death.