Christopher Collins 
Wrongful death cases can arise from various types of accidents and negligent behavior. No matter the cause, they are still extremely stressful for the family of the deceased. In this article, we will analyze typical case types, real-world wrongful death lawsuit examples, and how Massachusetts cases usually move from the incident to damages.
This guide offers a general overview of Massachusetts wrongful death laws and the filing process. If you need guidance specific to your case, the Michael Kelly Injury Lawyers team is here to help you understand your options and answer your questions based on your individual circumstances.
What Is a Wrongful Death Claim in Massachusetts?
A wrongful death claim is a civil claim brought when someone dies because another person’s or a company’s actions were negligent, or they failed to act in a way that was reasonably expected. In plain terms, if the person who died could have brought a personal injury case had they lived, the estate may be able to bring a wrongful death lawsuit after the death.
When someone dies unexpectedly, the loss affects the people who depended on them. A wrongful death claim aims to address the impact of this loss, including the financial pressure, as well as non-monetary damages, such as the loss of the care, support, and companionship the deceased person would have continued to provide otherwise.
In some situations, wrongful death cases may overlap with survival action claims. The difference between wrongful death vs. survival action comes down to what the claim is meant to address. As we established, a wrongful death lawsuit focuses on the losses suffered by surviving family members after the death. A survival action lawsuit, on the other hand, is based on the harm the person experienced before they passed away.
Wrongful death cases are often based on a few common legal theories, including:
- Negligence, a general theory that broadly refers to a lack of reasonable care in everyday situations
- Medical malpractice, a form of negligence tied specifically to errors made by healthcare providers
- Product liability, where a dangerously designed or defective product leads to a fatal injury
- Premises liability, involving unsafe conditions on property that should have been addressed.
According to Massachusetts General Laws, Chapter 229, wrongful death cases are generally filed by the executor or administrator of the deceased person’s estate. This means that while family members are typically entitled to recover damages, the law requires that the claim be brought by the person formally appointed to manage the legal matters of the deceased’s estate.
Wrongful Death Lawsuit Examples: Key Milestones
No two cases follow the exact same path. However, we can generally define several stages that most of them go through.
Let’s use this scenario as an example: a car accident happened as a driver tried to run a red light, speeding and losing control of the vehicle. They hit a cyclist in a marked bike lane, and the impact was serious. The cyclist died in the hospital two days later.
The rider was married and had two children, and the family depended on the father’s income. They hired a wrongful death lawyer to help them build the claim.
Here’s how this case might unfold in Massachusetts:
- Early record building: This includes gathering police reports, witness statements, photographs and videos, and hospital records to document the timeline of care. The family will also need to collect evidence proving their relationship to the deceased and the damages they suffered. They need to present marriage and birth certificates, income and expense records, notes from therapists for emotional suffering, etc.
- Investigation: At this stage, the attorney analyzes the cause of the incident, the available evidence, and whether additional proof is needed. They may send preservation letters to keep vehicles, data, and video from being destroyed.
- Identifying defendants: The driver who caused the crash is often the starting point, though sometimes other parties may be considered depending on the facts.
- Starting a wrongful death claim: In Massachusetts, the case is typically filed by the estate’s executor or administrator, acting on behalf of the family.
- Calculating damages: This stage involves identifying the types of losses that may be claimed in the case. Under this claim, the damages may include lost income, funeral expenses, and emotional distress. To get compensated for medical treatment and other costs sustained after the accident but while the person was alive, the family might need to start a survival action.
Elements of the Claim
At the foundation of every wrongful death lawsuit are four key legal elements that the plaintiff needs to prove:
- Duty of care: This is about responsibility. Drivers have a basic duty to follow traffic laws and operate their vehicles safely. Continuing with our scenario, the driver had a duty to comply with all traffic laws and drive safely.
- Breach of this duty: A breach happens when someone fails to live up to their responsibility. In our example, the motorist exceeded the speed limit and ran a red light.
- Causation: This aspect focuses on whether the person’s actions actually played a role in the death. Example: The crash caused severe injuries to the cyclist, which later resulted in death.
- Damages: These are the losses that follow the death, both monetary and non-monetary. Example: The deceased rider’s family members have the right to seek compensation for lost income, funeral expenses, and the loss of care, support, and companionship.
Who Can Be Held Liable
If all of the case elements are established, the driver in the wrongful death lawsuit example above may be held legally responsible for the death. Yet, liability isn’t always limited to one person in wrongful death cases. Depending on the situation, other parties who contributed to the accident, whether directly or indirectly, can also bear responsibility.
If the at-fault driver was working at the time of the crash, the employer could be held responsible under vicarious liability. In such cases, the employer’s hiring or supervision practices may be examined.
Liability can also fall on businesses or corporations more broadly. A wrongful death lawsuit example for product liability might involve a company being sued for selling an unsafe product if the item contributed to a fatal accident.
If someone dies due to dangerous conditions on a property, especially if the owner was aware of them but didn’t repair them or provide warnings, premises liability may come into question. Property owners can be responsible for the death. In some situations, even public entities may be involved, particularly when road design, maintenance, or safety measures are at issue.
Although details of each case vary, the pattern is usually the same: someone had a responsibility, failed to meet it, and this contributed to another person’s death.
Wrongful Death Examples by Common Case Types
Different reasons can lead to a wrongful death, but these cases are the most common:
- Motor vehicle and trucking crashes
- Medical malpractice
- Nursing home neglect
- Workplace, construction, and industrial accidents
- Defective products.
Below is an overview of each scenario type. Note that we only aim to illustrate the pattern and how liability is analyzed, not to predict outcomes.
Motor Vehicle and Trucking Crashes
Car crash claims are a common example of wrongful death cases, often tied to everyday driving mistakes like distraction, speeding, or failing to yield, sometimes alongside alcohol or drug impairment.
Truck crashes tend to be more complex because commercial drivers must follow specific safety rules, such as limits on driving time, and there are also specific requirements for vehicle maintenance. Depending on circumstances, responsibility may extend to an employer, a trucking company, or even a contractor responsible for maintaining the vehicle.
Evidence is crucial in determining how the accident occurred and who may be held responsible for it. Police reports usually come first in these cases. In truck accidents, data from onboard systems, dashcams, traffic cameras, and cell phone records can also be valuable sources of information.
Medical Malpractice
Some wrongful death examples linked to medical malpractice include situations where a serious medical condition wasn’t diagnosed on time, when a surgical error occurs, or when a medication mistake causes fatal complications. Some deaths may also be linked to problems or mistakes during childbirth.
Cases like these usually rely on medical records, such as test results and treatment notes. These records help show the type and timing of the care provided. And since medical decisions can be complex, medical experts are often asked to review records and determine whether the care met accepted standards. Medical malpractice claims also tend to follow specific procedural guidelines that vary by state.
Nursing Home Neglect
A wrongful death lawsuit may also frequently involve deaths that occur in nursing home settings because the daily care wasn’t provided correctly. Facilities may be short-staffed, and, therefore, residents may not receive enough attention or proper treatment.
Other frequent wrongful death examples in nursing homes include falls, poor nutrition, and medication problems, such as missed doses or overlooked side effects. Elopement and wandering are also common when a resident leaves the premises, and the staff fails to notice their absence.
Evidence in nursing home neglect claims typically includes care plans detailing the assistance residents were supposed to receive, incident reports documenting falls or other events, staffing schedules and logs, and staff inspection findings, if available.
Workplace, Construction, and Industrial Accidents
Some common wrongful death examples are incidents happening due to faulty equipment or poorly maintained work areas. When a fatal accident happens at a worksite, liability is usually analyzed by separating the employer’s role from the roles of other involved parties.
The other parties may include contractors, equipment manufacturers, or companies responsible for maintaining the worksite or equipment. This distinction is important because claims against an employer are typically handled through the workers’ compensation system, which follows different rules.
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When a workplace accident leads to a wrongful death claim, investigators look for evidence of negligence by someone other than the employer. They may assess whether the equipment was safe to use and rely on findings from the Occupational Safety and Health Administration (OSHA), the federal agency that oversees workplace safety.
On construction sites in particular, responsibility is often shared by multiple companies. General contractors, subcontractors, equipment suppliers, and site managers may each control different parts of the work. Who is liable often depends on who had control over the area, the equipment, or the safety procedures involved.
In some situations, a workplace death may also involve product liability issues. If machinery, tools, or safety devices fail to work properly, investigators may also pay attention to how this product was designed or manufactured.
Defective Product Cases
Product liability can arise from any consumer product, workplace equipment, or other item that was unsafe, had manufacturing defects, came with incomplete instructions, or lacked clear warnings. The investigation must prove that the victim received a faulty product or that the item malfunctioned despite being used as instructed.
Investigators may also check for product recalls, which can prove that a safety issue actually existed. However, the product recall itself doesn’t automatically establish fault.
In many product liability cases, it’s not just the manufacturer that can be held liable. Products usually move through multiple parties before reaching the end user. Distributors or retailers involved in this chain could be held responsible if their actions caused the defect.
High-Profile Examples of Wrongful Death Claims and What They Illustrate
Below are two real-world wrongful death lawsuit examples and one wrongful death case example resolved through mediation. All aim to illustrate what may lead to such claims and how they unfold in common scenarios:
- A California family reaching a $46 million settlement with IKEA: In 2017, their two-year-old son died because a Malm dresser, which wasn’t secured, tipped over. The case brought several important points to light: the actual product design defect and a “marketing defect.” As it turned out, the family didn’t receive a notice about the dresser recall in 2016. This wrongful death lawsuit example shows that multiple issues can impact a product liability case.
- A $600,000 wrongful death settlement with a police department and county sheriff: Madeline Linsenmeir died while being held at the Western Massachusetts Regional Women’s Correctional Center. She reportedly complained of chest pain, but her symptoms weren’t addressed, and she passed away. It was proven that her death was caused by the negligence of the center’s employees and the county sheriff. The compensation was placed in a trust to support her son. Importantly, the settlement also required the sheriff’s office to work on preventing similar incidents.
- A $3 million wrongful death settlement for a pedestrian fatality: A 61-year-old was killed while crossing the street in a Springfield crosswalk. The victim was struck by a commercial van that failed to yield while making a left turn, despite having a clear view of the crosswalk. An investigation showed the driver was rushing to work and operating the vehicle with an expired license. The case was resolved through mediation.
Damages in Wrongful Death Cases in Massachusetts
The following damages can generally be recovered in a wrongful death lawsuit, according to General Laws Chapter 229, Section 2:
The law ensures that the reasonable costs of honoring a deceased loved one are covered. These damages include not just the next month’s paycheck but also the amount of what the victim would have reasonably earned over their entire remaining career. If the person who passed away managed the household or provided childcare, the cost of replacing these services can also be included in the compensation. It’s meant to compensate for the loss of protection, care, assistance, and guidance that the deceased person provided to their spouse, children, or parents.
In some states, there are limits on what family members can recover in a wrongful death lawsuit. Massachusetts law doesn’t limit the damages in such cases.
The plaintiffs in wrongful death claims can also be entitled to punitive damages. In Massachusetts, the minimum amount of these damages is $5,000, but they can only be claimed in cases that involve severe negligence or wanton conduct by the defendant.
Conclusion
The wrongful death law aims to protect the family members of someone who died due to another person’s negligence. But the path to obtaining rightful compensation can be complex — it may not be immediately clear who is responsible, what damages could be claimed, and whether the family could file a survival action as well.
Michael Kelly Injury Lawyers is here to guide families through wrongful death cases, no matter what led to the tragedy. Our wrongful death lawyers work to ensure the full scope of the loss is recognized so families receive the fair compensation they’re entitled to.
