Wrongful death is when someone is killed as a result of someone else’s misconduct. Learn how wrongful death claims can compensate surviving family members for their loss.
The death of a loved one is always emotional and painful no matter the circumstances. If that death was caused by the wrongful act of someone else, Massachusetts law may allow for recovery under the wrongful death statute.
Wrongful death can be the result of someone’s intentional actions, negligence, or misconduct. Learn more about the specific laws in Massachusetts giving rise to wrongful death claims. If you have questions about a wrongful death claim involving a loved one’s death, a SUGARMAN attorney can help you.
On this page, you'll learn:
The Basics of Wrongful Death Claims in Massachusetts
In Massachusetts, it must be proven that a person or company caused the death of another by:
In all of these cases, the deceased person could have filed a personal injury case for negligence, wantonness, recklessness, or breach of warranty if he or she had lived. When there is a wrongful death, another person has to make the claim on behalf of the person who died. A wrongful death claim is separate from criminal charges that may also be brought against the person or company.
Not everyone can file a wrongful death claim if a loved one dies. In Massachusetts, only an executor or personal representative of a deceased person’s estate can bring a wrongful death claim on behalf of the surviving loved ones. An executor is someone that is nominated in the will of the deceased person. If there is no executor, then a Probate Court can appoint a personal representative. An estate can have co-representatives.
In Massachusetts, a wrongful death suit must be filed within three years of the date of death. In a wrongful death suit involving medical malpractice, the claim must be brought within seven years of the negligent medical act, no matter when the death occurs.
This is not a complete list, by any means.
The surviving spouse, children, or next-of-kin may recover for the economic and non-economic damages recovered in a wrongful death case. Depending on the facts of the case, the damages may include:
How Wrongful Death Cases Work
When a person dies as a result of someone else’s negligent actions, whether intentional or not, the executor or representative of the estate may file a wrongful death suit on behalf of the Estate and the survivors. The case must be filed in time to meet the three-year statute of limitations in Massachusetts or within seven years of the negligent medical act. In order to prove a wrongful death claim, there must be proof that the defendant owed the victim a duty of care, that the defendant failed to comply with that duty of care (was negligent), and that the loved one died as a direct result.
Often, clients are referred to personal injury law firms by local general practice lawyers or by a family attorney. Careful consideration and vetting are required in order to identify real-world client results. Many lawyers claim to be experts in or specialize in wrongful death claims, but very few have the necessary experience and financial resources to pursue these claims. Reviewing personal injury law firm websites can help you learn more about various firms before making an informed decision, but it is also important to research whether the lawyers are recognized by their peers and legal organizations as being expert and ethical attorneys. Just because a lawyer is on TV or a billboard does not mean that lawyer is a good one or able to handle a wrongful death case.
Other Common Questions about Wrongful Death Claims
Medical malpractice is negligence in the medical care and treatment provided by a doctor, nurse, or other healthcare professional. There are many types of medical malpractice including childbirth errors, failure to diagnose or misdiagnosis, anesthesia errors, surgical injuries, spinal cord injuries, medication errors, and many more. Medical malpractice can lead to death, in which case a wrongful death claim could be made against a medical professional or the facility where the care was rendered.
The difference is simply the severity of harm or injury that results. Death by negligence can include a driver who runs a stop sign, a doctor prescribing a medication that a patient is documented to be allergic to, a manufacturer selling a product it knows is dangerous if used as intended. Some of these situations can tragically result in the death of another person, in which case, the victim’s family could file a wrongful death claim.
A wrongful death claim is made on behalf of the surviving family members of a victim. A survival action (brought at the same time as the wrongful death claim) is a claim made on behalf of the deceased person’s conscious pain and suffering prior to death (if there is any).
In Massachusetts, a person can be held responsible for another person’s suicide if it can be proved that the person knew action or inaction would likely lead the victim to commit suicide. For example, under Massachusetts state law, therapists, psychologists, and psychiatrists must report suicidal thoughts or tendencies of any patients who are minors. Doctors and other medical professionals can also be held accountable if they do not act when it is clear they know or should know that their patient was in danger. Pharmaceutical companies can be liable if they fail to advise patients on the potential risks and side effects of medications known to increase suicidal thoughts.
Comparative negligence is the legal concept that a jury can not only find that a defendant is negligent in causing injury, but that they can also find that a plaintiff’s negligence played a role in causing the injury as well. This is a defense that has to be raised by a defendant at the early stages of a case. In Massachusetts, it may be raised in any wrongful death action. At trial, a jury is asked to assign a percentage of “blame” as to each party’s role in causing the accident or injury.
Massachusetts follows the “51 Percent Rule” with respect to a defense of comparative negligence. This means that if the person making the claim is found to be more responsible for causing the injury (51% or more at fault), that person cannot collect damages, not matter how great they may be. If the person is 50% or less at fault, they can recover damages, but the awarded damages will be reduced by the percentage of fault.
In a wrongful death claim where the defense is raised, the jury will be asked to decide whether the deceased person had a role in causing the accident or the injury, in this case death. If the jury finds the deceased person to be 50% at fault and awards $1,000,000 in damages, the award would be reduced by 50% to $500,000.