How to Prove Wrongful Death in Massachusetts

Someone’s negligence leads to the loss of your family member’s life. There is no part of this that will ever be okay. With the help of a Boston wrongful death lawyer, you can prove they are at fault and fight for justice. To prove wrongful death, you must clearly demonstrate that the other party owed your loved one a duty of care, violated it, and caused the accident that resulted in the loss of life. To do this, we must prove all four components as required under the law.

Establish a Duty of Care

The first step is to show that the person or company that caused the accident is responsible. We must show an established duty of care. If they caused a car accident, for example, the at-fault party owes a duty of care just by getting behind the wheel of a car. In some way, the other party should have kept your loved one safe and in some way did not do so. A property owner, for example, must keep their property reasonably free from hazards.

Breach of Duty of Care

The next step is to prove they breached the duty of care in some way. Breaching the duty of care often means the party violated the law or otherwise did not take their promise to you seriously. For example, they may have engaged in distracted driving resulting in a car accident. They may have knowingly allowed a dog loose, recognizing that there was a tendency to bite.

Causation

The third element of providing wrongful death is showing that the breach is what caused the injuries and the death of the other party. For example, we build your case using expert testimony, accident reconstruction services, and medical expert guidance to show that the breach caused the accident. For example, we can show that the driver who was intoxicated breached the duty of care and caused an accident.

Losses or Damages

The final component of proving wrongful death in Massachusetts is to demonstrate that the event caused you to suffer losses. You must suffer physical injury and financial loss to file a claim for these cases. The loss of life is a clear representation of damages. If you can show that the driver of another car breached the duty of care, caused the accident, and that led to your losses, you can hold that party accountable.

Act Within the State’s Statute of Limitations

To prove wrongful death in Massachusetts, you must act within the state’s statute of limitations for wrongful death. In many situations, this is three years from the date of the death, not the date of the accident. It can also start when you first discover the accident, such as in a medical negligence case. If you fail to act within the state’s statute of limitations, the court cannot hear your case, and you lose the ability to pursue additional compensation.

Work with a Trusted Attorney

By far the most important and effective way to prove wrongful death in Massachusetts is to hire an attorney to handle the entire process for you. Many wrongful death attorneys do not charge any upfront fees. You can pursue legal action and focus on your recovery while your attorney builds a robust case.

Do not wait to contact a wrongful death attorney in Massachusetts for immediate help.