Wrongful Death Claims

An untimely death is always a tragic matter for relatives and friends of the deceased. It becomes a "wrongful death" when someone dies as a result of another person (or company) participating in negligence or wrongful actions. If wrongdoing or negligence by a person, a company, or an organization results in the death of a loved one, a wrongful death claim can be pressed by the survivors. Nothing can take the place of a family member, but at least financial compensation exists as a judicial remedy to help those who depended on the deceased person for monetary or emotional support. A wrongful death suit is brought on behalf of the actual victim by a relative or a representative of the victim’s estate. Virtually every state allows relatives to bring lawsuits based on wrongful death, but there are limitations on who can file such a claim. In Massachusetts, the relatives who can bring such a suit are usually limited to immediate family members such as spouses or children.

Wrongful death claims can be based on a broad range of misconduct including reckless or careless behavior (such as negligent driving resulting in a car accident), or even deliberate, intentional acts (such as murder). Medical malpractice, slips and falls, construction injuries, or defective products are also grounds for such claims. Or if a property owner has failed to properly safeguard against accidents or catastrophe – such as not restricting access to a swimming pool, for example, into which a child falls and drowns – that could be the basis for a lawsuit. Wrongful death situations can include a workplace, sports field, car, airplane, or even out in the woods during hunting season. In short, wrongful death incidents can happen almost anywhere.

These claims are civil suits, with monetary damages awarded rather than placing the guilty party in jail. The "burden of proof" differs significantly in civil vs. criminal cases, and so the outcomes can be different as well. In criminal trials, the well-known standard of proof required for conviction is "beyond a reasonable doubt", which is much more stringent than the standard for civil trials, which is "clear and convincing evidence". This might not sound like much of a distinction, but in a court of law it makes all the difference in the world. Also, in a civil case, a defendant cannot refuse to testify on the basis of their Fifth Amendment protections against self-incrimination. This can make it much easier for a plaintiff to prove their case, as a defendant will be subject to criminal sanction for perjury if they lie under oath, and they will not be granted the "presumption of innocence" if they refuse to answer questions from the plaintiff. The jury will be able to take their refusal to answer into consideration when they are deciding the verdict of the case, unlike in a criminal trial.

A murder defendant, for instance, can be acquitted of criminal charges but still found guilty in wrongful death suits. O.J. Simpson is perhaps the best known example of this phenomenon. He was found innocent of the murder of his wife and Ron Goldman in a criminal trial, but found "responsible" for their deaths in a civil lawsut afterwards. Interestingly enough, it was fallout from the consequences of the civil judgement in this case against Simpson that apparently lead to the circumstances whereby he committed additional crimes, for which he has now been convicted and sent to prison.

The trauma of a wrongful death can be devastating to the survivors, and the law allows for a variety of compensation payments. Wrongful death suits can incur both “economic” and “non-economic damages” to compensate the family. Economic (financial) damages covers the loss of present and future income and medical expenses associated with the death while non-economic recompense is for the loss of the victim’s love and companionship. The determination of damages is based on complex calculations including the medical costs incurred by the victim and the price of burial outlays (“actual losses”), and the deceased’s projected earnings potential – which is contingent on both their current salary or business profits plus the number of years remaining until the victim’s expected retirement.

As with other types of civil lawsuits, a statute of limitations applies within which a suit must be filed, or the opportunity to do so is lost forever. In Massachusetts, the time limit is three years, and it is extremely important, if you have any notion of filing suit, to begin the process by consulting with a qualified attorney as soon as possible after the event resulting in the victim’s death.

Wrongful death claims are complicated and delicate matters, and each is unique, and so it is important to work with a trained and experienced lawyer when thinking of filing such a suit. At the Law Offices of Sean J. Cleary in Amherst, MA, we have over 15 years experience pursuing wrongful death claims in Western Massachusetts. We diligently strive to exact the compensation and justice our clients deserve. If you believe you potentially have a wrongful death claim to pursue, please contact us today to set up a free, no-obligation introductory consultation so we can discuss the particulars of your case.

As with all our personal injury cases, our policy for wrongful death claims is to proceed on a “no recovery, no fee” basis, at absolutely no out-of-pocket cost to you. We get paid only if we are successful recovering damages, and our contingency rates are modest and customary.

Please feel free to contact us for a free, no obligation consultation regarding your personal injury case. info@sclearylaw.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it or (413) 549-7600.