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.
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 on who can bring a wrongful death claim, 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.
Traumatic brain injury and eventual death following excavator accident
Settlement for the daughter of a construction worker who was struck by an excavator's boom on a large development project in Everett. The excavator operator knew that the worker was in the area, but failed to look and make sure that the worker was a safe distance away before the operator moved the boom and violently struck him. The worker suffered catastrophic injuries that eventually caused his death 3 months later. In addition to a host of safety violations and unsafe practices, SUGARMAN attorneys were able to establish that the excavator operator had been previously fired for unsafe operation by the same company that later hired him to work on the development project. The case resolved shortly before trial.
Wrongful death following crush injuries to forklift operator
Pre-trial settlement on behalf of children of a middle-aged temporary worker who was crushed to death between the forklift he was operating and a metal shelving unit in a South Shore warehouse where he had been assigned to work by his staffing agency.
Hospital's electronic medical records reveal physicians aware of patient's condition
Recovery for the family of a 47 year-old man who died from pulmonary emboli following hip replacement surgery at a northeastern Massachusetts hospital. The patient's family brought suit against multiple defendants responsible for the patient’s care during his recovery from surgery, including a nurse who failed to properly administer one of his medications. The case settled following extensive discovery, including multiple depositions of medical personnel who did not examine the patient, but were noted in audit logs to have accessed the patient’s electronic medical records shortly before his death and thus were aware of his condition.
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 of four-year old due to defective design of escalator
A four-year old boy fell to his death through a gap between an escalator and the adjacent railing. The escalator had been installed as a replacement and was narrower than the original escalator. The escalator construction company failed to install deck barriers as required by the construction plans and by state escalator and building codes, resulting in the escalator being in a defective and dangerous condition. After extensive discovery, SUGARMAN lawyers settled the wrongful death lawsuit with the escalator contractor, store, and mall owner for the benefit of the boy's parents.
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.
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.
Wrongful death settlements for school bus crash
Settlement in a negligence and product liability case against a transportation company and bus manufacturer following the deaths of four middle school students on a school trip in Canada. Through the use of accident reconstructions, SUGARMAN attorneys established that bus driver error was the cause of the deadly crash, and not a roadway design defect as the defendants maintained. SUGARMAN lawyers also prosecuted product liability claims against the foreign bus manufacturer, relying upon biomechanical engineering evidence to show that an improper window design resulted in passengers being ejected from the bus during the crash sequence.
Wrongful death and serious injuries in Jamaicaway drunk driving crash
Pre-trial settlement on behalf of family of a woman killed in a drunk driving accident as well as on behalf of two others who suffered serious injuries in the same crash. The drunk driver became intoxicated at a Boston bar and was attempting to drop off her passengers when she crossed a double yellow line on the Jamaicaway and struck another vehicle head on. The drunk driver’s blood alcohol level was later found to be almost three times the legal limit.
Wrongful death - Pedestrian killed due to defective road design
Settlement for family of pedestrian who was killed after being hit by a car. The defendant property owner failed to install barriers or guardrails in a shopping center access road, both of which would have prevented the accident and the pedestrian's death.
Wrongful death following failure to report lung mass
Pre-trial settlement of medical malpractice case for widow against radiologist and his medical practice. The client's fifty-seven year-old husband had undergone an abdominal CT scan relative to gastrointestinal issues. The CT scan incidentally revealed a suspicious mass in the patient’s lung which was missed by the radiologist and never reported to the patient until it was found on a subsequent scan, resulting in a delay in diagnosis of lung cancer for nearly a year and a half. He underwent a resection, but the cancer returned months later. The patient was subsequently diagnosed with metastatic lung cancer and died the following year.
Mismanagement of labor results in newborn's death
Settlement of medical malpractice case for parents of newborn who died several hours after her birth due to the mismanagement of her labor and delivery, resulting in severe anoxic injury.