Massachusetts Personal Injury Library
Factors in a Massachusetts Wrongful Death Lawsuit (Part A)
Human nature and our value systems tell us that it is impossible to place a monetary value on a human life.
With that in mind,
- Why is it that wrongful death lawsuits can result in differing damage amounts?
- And how does a lawyer, judge or jury even begin to compute wrongful death compensation?
There are several factors which may influence the viability of a particular Massachusetts wrongful death claim.
One aspect of a claim that does not affect its monetary value is the way in which a person dies. So in theory, the heirs of a person who is struck and killed by a car would not be entitled to any more or less money than if that same victim died from injuries sustained by a faulty chainsaw.
Who Can Sue for Wrongful Death in Massachusetts
In Massachusetts, the executor or administrator of the deceased’s estate can file the wrongful death lawsuit on behalf of the surviving spouse, children, or parents of the victim.
These surviving family members become the beneficiaries of the lawsuit and receive any compensation the court awards.
If the deceased does not have any living parents, children, or spouse, the victim’s siblings or cousins may then recover funds from the lawsuit through the victim’s estate.
Determining Liability in a Wrongful Death Claim
In order for a Massachusetts wrongful death claim to be successful, a wrongful death lawyer must be able to show that another party acted negligently and that their negligence is directly responsible for the victim’s death.
Duty of Care
The first step is to demonstrate that the defendant owed a duty of care to the decedent.
In other words, if the alleged offending party breached their obligation to the victim by their actions under the given circumstances, then they are liable for the resulting fatality.
According to the law, a duty of care is owed by:
- Physicians to their patients
- Manufacturers to the customers who use their products
- Drug-makers to the consumers who ingest their medications
- Motor vehicle operators to the general public
There are other instances when a duty of care is owed by one party to another.
An experienced personal injury attorney that specializes in Massachusetts wrongful death claims can help you to determine if you have a valid claim. It is important that the lawyer has handled these types of cases and that they understand Massachusetts wrongful death laws.
Continue to Factors in a Massachusetts Wrongful Death Lawsuit (Part B) >>
