Death caused by the fault of another. Examples of wrongful conduct that may lead to death include drinking and driving, manufacturing a deficient product, building an unstable structure or failing to diagnose a fatal disease.
n. the death of a human being as the result of a wrongful act by another person. Such wrongful acts include negligence (like careless driving), an intentional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter, or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death, filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent, while a minor, a wife, would recover damages for the loss of her husband’s love and companionship and a lifetime of expected support, while a parent would be limited to damages for the loss of companionship but not support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).
A wrongful death is one that resulted from another person’s actions. The actions do not have to be intentional, only negligent, to be considered a wrongful death. The surviving spouse, minor children, or parents of the deceased may be entitled to compensation after a wrongful death if they can prove the death was caused by the negligent or reckless actions of another person.
Beneficiaries who wish to receive compensation must prove they have suffered loss and file a wrongful death lawsuit. Wrongful death lawsuits must be filed within a specified time from the point of death. Recovery or damages for a wrongful death claim can include lost wage compensation, burial expense payments, medical cost reimbursement, and punitive damages (in some states). If you have had a loved one die to the negligence of another person, talk to an injury lawyer for more information about the compensation you may be entitled to receive.
The sudden loss of a loved one after a fatal accident is devastating and unfair, but it is, unfortunately, a common result of negligence on the part of drivers, property owners, and corporations. For the family of a fatal accident victim, recovery is not easy or simple and can present significant obstacles in the way of moving on with life—obstacles that should not be your burden to overcome.
After a Wrongful Death
The death of a loved one creates many hardships, both emotional and financial. It is natural to feel overwhelmed and stressed in such a situation. Not only are you suffering from the emotional grief of losing someone close to you, but you also must tackle the day-to-day issues related to financially supporting the everyday life of you and your family. Coupled with the anger of having lost someone due to the negligent actions of another, you may find it very difficult to see any resolution to the burdens you are facing, but you are not on your own.
At the Kiley Law Group, our compassionate wrongful death lawyers in Boston understand what you are going through and we are dedicated to helping the families of wrongful death victims find the best resolution to their situation. If you’ve suffered a wrongful death in the family, there are options.
Legal Options for Wrongful Death
The death of a loved one may be considered a “wrongful death” in Massachusetts if it was caused by the negligent actions of another, such as in the event of a fatal drunk driving accident. In a wrongful death situation, the family of the deceased may be able to bring a wrongful death claim against the at-fault party for damages such as loss of income, funeral costs, and loss of companionship as well as medical costs and pain and suffering of the victim before his or her death. Holding the at-fault party accountable can not only provide your family with the financial security you need but can also obtain justice against the negligent party. You might be able to file a lawsuit if one of the following events led to the death of your loved one:
- Defective products
- Poor road repair
- Drunk, distracted, or otherwise negligent driving
- Lack of supervision
- Inadequate security
- Medical malpractice
Wrongful death refers to a legal claim brought by the surviving family members or representatives of a deceased person against the party whose negligent or intentional actions caused the death.
Various incidents can lead to a wrongful death claim, including car accidents, medical malpractice, workplace accidents, defective products, premises liability accidents, and intentional acts such as assault or murder.
The specific individuals eligible to file a wrongful death lawsuit vary by jurisdiction but typically include surviving spouses, children, parents, or other legal representatives of the deceased person’s estate.
Damages that may be recovered in a wrongful death lawsuit can include compensation for medical expenses, funeral and burial costs, loss of financial support, loss of companionship or consortium, and pain and suffering experienced by the deceased before death.
Yes, there is a statute of limitations for filing a wrongful death lawsuit, which varies by jurisdiction but is typically within one to three years from the date of the deceased person’s death. It’s crucial to consult with an attorney promptly to ensure compliance with the applicable time limits.
Fault in a wrongful death case is determined by establishing that the defendant’s negligent or wrongful actions directly caused the death of the victim. This may involve gathering evidence, witness testimony, expert opinions, and other forms of legal analysis.
Yes, in some cases where the conduct that caused the death was intentional or grossly negligent, criminal charges may be filed against the responsible party in addition to a civil wrongful death lawsuit. However, the outcomes of criminal and civil cases are separate and may proceed independently.
The burden of proof in a wrongful death lawsuit typically requires the plaintiff to prove by a preponderance of the evidence (i.e., more likely than not) that the defendant’s actions directly caused the death of the victim.
Yes, many wrongful death cases are resolved through out-of-court settlements negotiated between the parties involved. Settlements can offer benefits such as faster resolution, reduced legal costs, and more control over the outcome for both parties.
t’s highly recommended to consult with an experienced wrongful death attorney if you are considering filing a lawsuit or if you have been named as a defendant in a wrongful death case. An attorney can provide guidance, legal representation, and help navigate the complexities of the legal process to achieve the best possible outcome.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 10th April, 2024.
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