Michael D. Kelly, ESQ 
The sudden death of a loved one is something you can never be prepared for. However, losing someone dear to you because of another person’s mistake is not only devastating but also legally complicated. If you are dealing with a wrongful death lawsuit in Massachusetts, you should know that it revolves around strict deadlines, critical evidence, and legal rights you’ll have to grasp not to lose your chance for justice.
Our team has compiled this legal guide for families who are grieving, overwhelmed, and unsure what to do next. We’ve described complex legal matters in simple words, so that you fully understand how to protect your family’s future after the unthinkable loss.
Wrongful Death Lawsuit: Overview and Key Takeaways
Just like any other legal process, a wrongful death lawsuit consists of various intricate details and nuances. The better you understand them, the easier it is to avoid potential mistakes.
Key takeaways:
- A wrongful death lawsuit is a civil, not a criminal case.
- Massachusetts law controls who can file a lawsuit, the damages to be claimed, and how long you have to proceed with it.
- Executors or administrators are the ones who can sue the negligent party.
- Plaintiffs can recover compensation for monetary and non-monetary damages inflicted by the loss of their loved one.
- Missing the state-approved filing deadline can permanently bar the claim.
- Many cases are resolved at the wrongful death claim stage, but a trial is possible.
Note: Use these takeaways for informational purposes only and seek expert legal advice from local lawyers if you require assistance.
Common Situations That Can Lead to a Wrongful Death Claim
Wrongful death claims usually stem from ordinary situations where general safety is compromised. For instance:
When a driver ignores traffic rules, an innocent person’s routine trip can turn into a fatal accident. Not because the victim did something wrong, but because the at-fault party was knowingly negligent. If a person is sent into dangerous working conditions without proper training, safety equipment, or functioning machinery, and either of these conditions leads to their death, an employer can face a wrongful death lawsuit. If your loved one suspected there was something wrong with them and the doctors missed or brushed off the symptoms, a treatment came too late, or a surgery wasn’t properly done, a fatal outcome leads to legal liability. If a property owner was aware of potential hazards on the premises, yet ignored them, they can be held liable for the accidental death of another. If a vehicle part, medical device, household item, or any other product malfunctioned while used as intended and caused deadly traumas, it means that the item was defective from the start, and the product manufacturer can be held liable.
In any of these situations, someone’s death could have been prevented if safety had not been ignored or the right precautions had been taken. When preventable mistakes lead to fatal outcomes, the responsible parties can be held responsible under the state law.
What Is a Wrongful Death Lawsuit?
The wrongful death lawsuit’s meaning can be quite confusing until you learn what such lawsuits aim to protect — your family’s financial stability and your right to justice. It is a civil legal claim filed on behalf of the estate of the deceased, who died because of negligent actions or other wrongful acts or omissions. Such a claim is how the law allows the family to obtain financial accountability for the death that could have been avoided.
A wrongful death lawsuit isn’t a criminal case because it isn’t about the punishment of the wrongdoer, but about the financial reimbursement of material and non-material damages the family has to deal with.
The state of Massachusetts governs such claims and sets specific rules when it comes to the filing process and the type of losses the surviving members can recover. The lawsuit has to be filed by an executor (appointed by the deceased in their will) or administrator (assigned by the court) of a deceased person’s estate. These entities are usually someone from or close to the family of the deceased. The legal requirement is that a family member can issue the claim after they’ve been named a rightful legal representative of the estate.
As for damages that can be recovered, these include but are not limited to medical expenses, loss of income, loss of companionship, funeral expenses, and the person’s pain and suffering before death. The claimant has three years from the day their loved one passed to proceed with the lawsuit.
Keep in mind that wrongful death laws differ from state to state, in terms of who can file the claim, what they can recover, and how much time they have to proceed with these legal actions.
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Lawsuit for Wrongful Death: What You Must Prove
When you file a wrongful death lawsuit, you need to prove another party’s fault. Legally speaking, your case must meet the civil burden of proof, known as a preponderance of the evidence — you have to provide sufficient proof that makes more sense than the other side’s story.
The difference between the wrongful death case and all other claims lies in the fact that you do not have to present undeniable evidence, per se, but rather prove that the defendant is likely to have contributed to your loved one’s death. However, keep in mind that the court cannot rely on guesses, assumptions, or feelings, even when a loss is serious and personal.
Core Legal Elements (Duty, Breach, Causation, Damages)
When you present a wrongful death civil lawsuit, the court will seek answers to a few basic questions. These questions help explain whether someone had a responsibility to act safely, whether they failed to do so, and whether that failure led to devastating consequences:
- Duty: A defendant has to owe a legal duty of care to the decedent. For instance, a driver must follow local traffic rules and regulations to ensure the safety of other road users.
- Breach: The plaintiff has to prove that the defendant failed to fulfill their legal duties intentionally or otherwise. For example, a driver who ran a red light or ignored a malfunctioning part of their vehicle definitely breached their duty of care.
- Causation: There must be a direct link between the breach and the fatal injuries sustained by the deceased. For example, a driver ignored a traffic sign and crashed into another vehicle, causing deadly injuries.
- Damages: The family representative has to show the court what they have lost as a result of a wrongful death. Loss of income, support, companionship, and other costs that stem from the untimely death form the base of the claim.
To recover a fair settlement of the claim, the injured party must provide proof for each of these four elements.
Evidence Checklist
To prove that your version of events is more plausible than the other party’s, you need credible and persuasive evidence. If you do not know which details count and which may be irrelevant, use this list to guide you:
- Police and other official accident reports that explain and corroborate what happened
- Names and contact information of eyewitnesses
- Photos or videos taken at the scene
- Medical records showing treatment before death
- Autopsy or coroner reports that state the cause of death
- Documents proving family relationships (marriage certificate, birth certificate, adoption papers, etc.)
- Funeral and burial expenses
- Emails and other types of correspondence with insurance companies
- Other digital evidence, like surveillance footage, dashcam footage, or phone records related to the accident
- Proof of damages suffered by the family (lost income, lost benefits, loss of care).
How Does a Wrongful Death Lawsuit Work?
All wrongful death cases go through a few stages before the lawsuit is resolved. Usually, the claim starts with an initial consultation, continues with case investigation and negotiations, and ends with a settlement or a trial.
From Investigation to Filing a Complaint
Building a wrongful death claim requires methodical preparation. There are several crucial steps you need to take to ensure you get fair compensation for your loss:
- Consultation: This is where you contact wrongful death lawyers, tell them all you know about the situation, and together you will try to decide if you have a strong base for a successful claim.
- Investigation: If the attorney sees palpable potential in the lawsuit, they will start gathering available evidence to strengthen your legal position.
- Identification: With proof at hand, your legal representative will identify potential at-fault parties (their insurers) and assess whether they can repay the inflicted damages in full.
- Notification: In some cases (especially against government entities), the lawyer has to send a formal notice of claim to notify the agency about the lawsuit before proceeding with the case.
- Filing: This is where the lawsuit officially starts. An attorney files the case with a court and allows the other party to respond.
Note: Only a personal representative, an executor (appointed by the deceased), or an administrator (appointed by the court) has the right to file a lawsuit, which means the attorney will prepare the paperwork in their name and proceed with subsequent legal actions on their behalf.
Discovery, Settlement Negotiations, and Trial (If Needed)
Three main phases follow the filing stage:
Discovery
This is the stage where both parties exchange the information they have. Either side can request different documents, send written questions, and take depositions.
Note: Depositions are statements given under oath. Answers to written questions must also be provided in a written form and under oath.
During the discovery phase, parties can involve various field specialists, such as doctors and accident experts, to review the situation and explain what happened in their professional view.
Settlement
This is where both sides begin to negotiate as to the final settlement of the case. Settlement discussions may happen informally, through mediation, or at a court-scheduled hearing. Most wrongful death cases resolve at this stage, since either party is reluctant to go through the trial hassle.
Trial
If the mutual agreement isn’t achieved, your lawyer will prepare the lawsuit for trial. Either side can choose a jury or a judge-only trial. During the process, there will be two main things discussed: the defendant’s liability and the compensation amount.
Deadline and Practical Next Steps
The state of Massachusetts grants legal representatives of the deceased person three years from the day of their passing to file a claim. In some instances, when the estate’s executor has learned that the fatal injuries of their loved one were sustained because of the other party’s negligent action, the deadline is three years from the date of discovery. Keep in mind that the deadlines vary from state to state.
Practical advice for surviving family members:
- Decide who should file the lawsuit
- Gather and preserve evidence
- Obtain a death certificate
- Comply with the state-approved deadlines
- Book a free consultation with a field attorney.
No matter how difficult these early steps may be, they can help you protect your legal rights and obtain the compensation you deserve.
Wrongful Death Lawsuit, in a Nutshell
Losing someone dear to you because of other people’s negligence is incomprehensible. While you can’t bring them back, the state law allows you to hold responsible parties accountable through a wrongful death civil lawsuit. If you want to learn more about who can file the lawsuit, local time limits, and types of evidence necessary, contact our team for a free consultation!
