Massachusetts Personal Injury Library
Massachusetts Wrongful Death Lawsuit
Losing a loved one is both heartbreaking and overwhelming, especially when the death is sudden. If you have a lost a family member due to someone else's negligence, such as in a drunk driving accident or from a defective product, you may be able to file a Massachusetts wrongful death claim.
What Is Wrongful Death?
Wrongful death is a legal term used to describe a type of a claim made against a person or entity who can be held liable for a death.
In the United States, the standard of proof is usually preponderance of the evidence, which is in contrast to proving the case beyond a reasonable doubt. Basically, wrongful death cases are about liability.
Wrongful death lawsuits are filed in civil court to recover monetary compensation for your loss. Even though a settlement from a wrongful death claim won't bring back your loved one, it can help ease the financial burden that you may be facing.
The wrongful death case involving O.J. Simpson is a prime example of how these types of lawsuits work. Even though Simpson was acquitted of the murder of Nicole Simpson and Ron Goldman, he later lost a wrongful death suit against him.
Massachusetts Wrongful Death Statute
Under the Massachusetts Wrongful Death Statute, the negligent party may be held responsible for punitive damages if the person or company's behavior was willful and wanton or constitutes gross negligence. Punitive damages, which are used to deter the defendant from repeating the same conduct that led to the injury, are awarded only in special cases and are in excess of the other damages awarded to the plaintiff.
If you have lost a loved one because of someone's negligent act, you may be able to pursue a Massachusetts wrongful death suit. Contact a Boston wrongful death lawyer at Kiley Law Group, LLP at 888-208-1695 for a legal evaluation of your case.
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