Wrongful Death – Massachusetts Law and Wrongful Death

The wrongful death of someone you love can have a devastating effect, both emotionally and financially. Knowing that their death was unjust only amplifies the heartache and intensifies the anger and other emotions that come with death. A wrongful death is one that has been caused by the negligent or in some cases the intended actions of another person or company. Examples would be; death caused to another by a drunk driver, negligent medical personnel, a faulty product, or even a slip and fall due to improper maintenance of a property. In the State of Massachusetts, a legal claim can be filed against those responsible for the unjust death of another, though Massachusetts has its particular statute as to what constitutes negligence, and consequently wrongful death.

Wrongful Death vs. Criminal Acts

Wrongful death cases in Massachusetts require a different burden of proof to be met than criminal cases do. Criminal defendants must have their guilt proven beyond a reasonable doubt, whilst defendants in wrongful death suits are susceptible to what is known as “preponderance of evidence”. This means that an attorney only needs to prove that death was more than likely caused by the actions of the defendant. This is part of the reason why those found not guilty in criminal cases often have the opposite verdict returned when tried in a civil case. The OJ Simpson case is an example of such.

Of a course a verdict in your favour in a wrongful death case won’t make up for the loss of your loved one, but it can provide you with much needed financial support while ensuring the guilty party assumes responsibility for their actions. In the state of Massachusetts, families of those killed because of negligence are entitled to receive compensation for medical expenses caused by the accident, funeral and burial expenses, loss of potential future income, pain and suffering damages, and for the loss of companionship. To ensure that you receive the compensation due to you and your surviving family members, it is wise to retain an attorney who has experience and a successful track record of filing wrongful death lawsuits.

Hiring a Massachusetts Wrongful Death Attorney

When you get to the stage where filing a wrongful death lawsuit is eminent, it is vital that you don’t hire the first lawyer you confer with. That is of course unless they meet the criteria that you need to consider. Experience is vital, but an ethical and successful performance record is equally so. Ask questions such as: have you handled wrongful death suits before, if so how many, and what were the results. It is your future on the line, so be vigorous in your analysis, and prudent in your final decision. Reputable law firms will provide a free assessment of your case, and generally extend that offer to other family members. Often no legal fees are charged unless your case is won, or a verdict in favour of the defendant is returned. If you would like to know more about wrongful death in Massachusetts and filing a lawsuit there, you can find more information at WrongfulDeathMassachusetts.com.