Losing a loved one unexpectedly is a heartbreaking experience. It is even more so when their death is due to someone else’s negligence or a company that placed an unsafe product on the market.
While no amount can replace their life and presence, Massachusetts law offers a way for grieving loved ones to seek compensation through a wrongful death claim. This can help cover their family’s resulting financial losses, including the loss of income, guidance and companionship. It may also cover medical expenses and funeral costs.
Defining negligence
Negligence is one of the most common grounds for wrongful death claims. It involves the failure to exercise reasonable care, resulting in harm or death. To prove this, four factors must be present:
- The person or entity must have a duty of care to the deceased person, meaning they have a responsibility to act safely and avoid causing harm.
- They failed to fulfill this responsibility, either through action or inaction.
- Their breach of duty directly led to their death.
- The death resulted in measurable damages, such as medical expenses, funeral costs or loss of income.
For example, if a driver fails to stop at a red light and causes a fatal accident, they may be liable for negligence.
If the court finds that the defendant’s actions were particularly reckless or malicious, they may impose punitive damages. These are additional financial penalties meant to punish the defendant and deter similar conduct in the future. For example, if the court found that the driver has also been driving under the influence of alcohol, they may order the driver to pay punitive damages.
Understanding breach of warranty
A breach of warranty occurs when a product fails to meet the quality standards promised at the time of sale, resulting in death. In Massachusetts, this can form the basis of a wrongful death claim, particularly in product liability cases. For instance, if a car’s brakes malfunction due to a manufacturing defect, leading to a crash, a breach of warranty claim might be appropriate.
Filing a wrongful death claim
In Massachusetts, the executor or administrator of the deceased’s estate can only file a wrongful death claim within three years from the date of death. It’s wise to reach out to an attorney who can guide you through the process.
