Tim Paoli 
To prove a wrongful death in Massachusetts, you need to show that someone had a duty of care and failed to fulfill it, and that this failure led to the death. The process involves detailed investigation, evidence gathering, damage calculations, and legal deadlines.
This article explains how wrongful death cases are built in Massachusetts. We explain how the fault is typically established, what evidence is commonly used, and what types of damages may be recovered under state law.
The Legal Elements You Must Establish
It’s not enough just to claim that someone is at fault when bringing wrongful death claims. So, how do you prove wrongful death?
You should have the evidence that establishes what the defendant did (or failed to do) and how this led to the death. Courts analyze wrongful death claims using four elements of negligence. These are:
- Duty of care
- Breach of that duty
- Causation
- Damages
We define each of these elements in detail below.
1. Duty of Care
Duty of care means that someone has a legal responsibility to act carefully and avoid placing others in danger. For instance, vehicle drivers have a duty to follow traffic laws, while property owners have a duty to keep their premises safe for visitors.
2. Breach of Duty
A breach of duty means the person or business did something they shouldn’t have done, or didn’t do something they were supposed to do to keep others safe. As drivers owe a duty to follow traffic laws, running a red light is a clear violation of that duty.
3. Causation
Causation is about showing that the breach of duty actually led to the death. In wrongful death claims, there must be a link between someone’s actions and the fatal outcome, and it must be supported with evidence. Courts usually analyze two types of causation.
The first is “cause in fact,” sometimes called the “but-for.” The goal here is to determine if the actions of the defendant were a factor leading to death. Put simply, the question is whether the death would have happened but for the defendant’s conduct.
If the answer is yes (the death would have happened regardless of the defendant’s actions), then the cause in fact isn’t established. If the answer is no (the death wouldn’t have happened without those actions), then the cause in fact is established.
The second type is called the “proximate cause.” Here, it’s important to define whether the outcome makes sense, taking into account the defendant’s actions. So, the question is whether what happened aligns logically with what the defendant did, or whether the outcome was so unusual that it would be unfair to hold them responsible.
In wrongful death cases, causation is typically disputed by the defense, particularly when the deceased person had preexisting health issues or when more than one event could have contributed to the death. In such situations, the assistance of an experienced wrongful death attorney may be critical to establishing a clear causal connection.
4. Damages
The final element is damages. In a Massachusetts wrongful death lawsuit, the personal representative of the deceased’s estate must demonstrate that the death resulted in actual losses.
Here’s what damages may be recoverable under the Massachusetts General Laws Chapter 229, Section 2:
- Reasonable funeral and burial expenses
- Lost financial support
- Loss of services the deceased person would have provided
- Loss of companionship, care, and guidance
- Punitive damages in specific cases.
The non-economic damages in wrongful death claims are difficult to calculate and prove, which is why it’s recommended that you consult an experienced lawyer.
Evidence Checklist for Proving Wrongful Death
All elements of the negligence framework have to be supported by evidence, such as documents, testimony, records, and expert opinions. Here is a checklist with the types of evidence commonly used to establish each of the four elements in a wrongful death lawsuit:
The purpose of the evidence at this point is to explain why the defendant was legally responsible for the deceased’s safety. This can be the proof that the defendant was the driver involved in the crash or the owner of the property where the incident occurred. Examples are police reports identifying the driver, vehicle registration, insurance records, property ownership, or lease documents. Here, evidence must show how the defendant breached the duty, what exactly they did or did not do. The evidence may include accident or incident reports, photos and videos from the scene, and witness statements. Evidence for causation helps connect the defendant’s actions to the death. Usually, medical documents and expert opinions are used to describe how the at-fault party’s actions or inaction led to a fatal outcome. The proof in this case has to establish losses because of the death. It often includes financial records, like pay stubs, along with testimony showing the extent of non-monetary losses, such as the loss of companionship, care, and guidance.
Every case is different, so not all of this may be needed to prove a wrongful death. Here’s a closer look at the types of evidence that usually matter when you seek justice.
Medical Proof
Medical evidence often plays a key role in clarifying how and why the death occurred. Medical records can document the full medical history: the condition the person was in before the incident, the treatment they received, and the outcome.
This history can be particularly important when the defendant claims that death resulted from unrelated medical issues rather than the incident itself. If there is an autopsy or coroner’s report, this may help address those arguments.
Incident Documentation
Incident documentation shows what happened and how it happened. These records are often created right after the accident, which makes them especially valuable. These may include police reports that describe what officers observed at the scene. Surveillance video, dashcam footage, and photos from the scene can also preserve details that may become useful in the future.
In workplace or industrial cases, internal documentation or the Occupational Safety and Health Administration (OSHA) reports are often used as evidence to explain how the event occurred and whether safety rules were followed.
Witnesses and Expert Testimony
If a passerby witnessed the crash or a coworker saw the person injured due to unsafe conditions, they may be witnesses in the case. Their testimony can be added as independent accounts of what occurred.
Also, sometimes experts are needed to prove a wrongful death. They can explain how someone’s negligence resulted in the fatality. These can be medical or accident reconstruction experts (in cases involving vehicle collisions).
Working with a wrongful death attorney can simplify the collection of this evidence, as they typically know how to proceed from the start and where to look for critical proof.
Get a Free Case Evaluation
Proving Economic and Non-Economic Losses
The losses in wrongful death cases are generally divided into two types: economic and non-economic. Both must be supported with proof.
Economic losses reflect the financial support the person would have provided if they were still alive. These damages can include lost income, benefits, and the value of services they provided to their family. To claim compensation for them, families might need to provide employment records, pay stubs, and documentation of services the deceased previously provided that must now be paid for, such as childcare or household help.
Non-economic losses include the loss of companionship, care, and guidance. Because these losses aren’t monetary, they’re usually proven with statements from surviving family members and close friends about the deceased’s emotional presence in the family. In some cases, it may be necessary to involve third-party witnesses, such as teachers or neighbors.
Common Defenses and Where Proof Breaks Down
A wrongful death lawsuit can become complicated when the defense disputes causation, particularly if the case involves preexisting medical conditions or several incidents that could have led to the death. The defense may claim the death would have happened anyway, regardless of the defendant’s actions. They may also argue that there was no legal duty or no breach of duty in the first place.
In addition, Massachusetts follows a modified comparative fault rule. If it’s established that the deceased was partly at fault, the amount of compensation may be reduced based on their share of the fault. If the deceased person was more than 50% responsible, no recovery is allowed. Therefore, the defense may also claim that the person who died was partly responsible for what happened.
Defendants may also challenge the claimed damages. They might dispute their amounts or types. This makes a strong legal defense even more critical. A wrongful death lawyer can anticipate arguments from the defendant and begin working to address them as early as possible.
Deadlines, Preservation Letters, and Litigation Holds
Every state has its own deadlines for filing a wrongful death lawsuit. In Massachusetts, wrongful death claims generally must be filed within three years of the date of death.
However, it’s important to act as soon as possible. Families need enough time to investigate the case and collect evidence, especially since much of it may not be available later.
Involving wrongful death lawyers early minimizes the risk of losing essential information. They can identify the key documentation and witnesses needed to strengthen the claim and secure the evidence from the outset.
A wrongful death attorney can send preservation letters to a potential defendant or a third party who has important evidence. This formal request warns them about a potential lawsuit and the need to preserve that evidence. For example, the lawyer might send a preservation letter to a business that owns security cameras that could have captured the incident.
How the Case Works: From Investigation to Settlement or Trial
Even though the facts of each case are different, most wrongful death cases in our practice follow a similar path:
- Initial review: It’s a review of what happened. This may occur during a consultation with an experienced wrongful death lawyer, where families consult them regarding the facts of the case, discuss legal paths, such as wrongful death vs. survival action, and determine how state law applies.
- Investigation: At this stage, evidence is collected, and early questions about fault and causation are explored.
- Identifying responsible parties: In some wrongful death cases, the investigation may reveal that multiple people or businesses share responsibility.
- Demand and negotiation: The personal representative of the deceased’s estate makes a formal demand for compensation. Settlement negotiations begin.
- Discovery: At this stage, both sides exchange information and evidence related to the case.
- Mediation/settlement: Some wrongful death cases may be resolved already at this stage when both sides understand the strengths and weaknesses of the evidence.
- Filing the lawsuit: If the case doesn’t resolve during the negotiations, a wrongful death lawsuit is filed in a Massachusetts court.
- Trial: A wrongful death attorney presents the evidence in court, and the judge and the jury deliver a verdict about the fault and compensation.
Practical Questions Families Often Ask
What Documents Should I Gather First?
Initially, you need to collect death certificates, medical records, reports, and photos or videos of the incident. Our wrongful death lawyer can help you determine what evidence you should gather during a free consultation.
How Do You Prove Wrongful Death If There Are No Witnesses?
Other evidence may still be strong enough to support wrongful death claims, such as physical evidence, expert opinions, or video footage.
How Is Fault Shown If There Were No Criminal Charges?
Family members can prove a loved one’s death by showing that it occurred due to someone else’s negligence. Wrongful death cases are civil cases, not criminal ones.
How Long Does It Take to Prove a Case?
The timeline varies. In some situations, proving a case may take several months. However, if the case involves disputes, this may take longer. Working with an experienced wrongful death attorney can help avoid delays.
What If More Than One Party Is Responsible?
In Massachusetts, multiple defendants can be named in wrongful death cases if they each played a role in a fatal outcome.
