Losing a loved one unexpectedly is one of the most challenging experiences a family can face. The pain and confusion can be overwhelming, especially when questions arise about who may be responsible for the loss.
In Massachusetts, wrongful death cases can become even more complex when several people, including the deceased, may share some degree of fault. This can happen in situations where multiple drivers contribute to a car accident or where both a property owner and a visitor fail to take proper safety precautions.
What is comparative negligence?
Comparative negligence is a legal principle that allows courts to assign a percentage of fault to each party involved in an incident rather than placing all the blame on one party. This concept recognizes that in many situations, multiple parties may have contributed to an accident or injury to varying degrees.
Massachusetts follows a modified comparative negligence rule, meaning you can recover damages as long as the deceased’s negligence wasn’t greater than the combined negligence of the defendants. If a court finds the deceased partially at fault, it will reduce any damages awarded to their estate or surviving family members by their percentage of fault.
How do you prove negligence?
The court assesses the negligence of the defendant in a wrongful death based on whether:
- They had a duty of care to the deceased, such as a property owner’s duty to keep their premises safe or a driver’s duty to operate their vehicle safely.
- They failed to do their duty through action or inaction, such as a property owner failing to repair a dangerous condition or a driver running a red light.
- Their action or inaction led to the death of the deceased.
- The death resulted in quantifiable damages, such as funeral costs and loss of future income and support.
Those filing a claim must prove these elements by a preponderance of the evidence. This means you must show it’s more likely than not that the defendant’s negligence caused the death. It’s a lower standard than “beyond a reasonable doubt” used in criminal cases but still requires substantial evidence.
Take note that one must file a wrongful death action within three years from the date of death or from when the executor or administrator knew or should have known of a potential claim.
You don’t have to face this alone
Processing the sudden loss of a loved one is difficult – even more so when it involves complicated proceedings. If you find yourself in this difficult situation, remember that legal help and support are available.
