How to Win a Wrongful Death Claim in Massachusetts

A wrongful death claim offers a victim’s family the opportunity to seek compensation for various losses related to their loved one’s death. This financial support can provide a sense of justice and help alleviate the economic burdens caused by their untimely loss. However, the path to payment in a wrongful death case can be long and tiresome.

Winning a wrongful death claim in Massachusetts requires proving that the death at issue occurred because of someone else’s negligent or intentional behavior. Establishing this link may involve collecting and presenting an array of complicated evidence. Furthermore, there are several procedural requirements that must be satisfied when bringing a wrongful death claim to court. Our attorneys are prepared to help plaintiffs gather necessary evidence, file their cases, and fight for the damages they are rightfully owed.

Get support from our Boston wrongful death lawyers at the Law Office of John J. Sheehan by dialing (617) 925-6407.

Proving that a Wrongful Death Occurred in Massachusetts

There are many different types of evidence that can be used to prove that someone was killed as the result of another party’s negligent or intentional actions. For instance, any of the following may be utilized by our wrongful death attorneys to establish that such a death occurred in your case:

Medical Records

First, medical records play can a crucial role in proving that a wrongful death occurred. These records serve to document the victim’s injuries, their treatments received, and their connection to the fatal accident at issue.

Eyewitness Statements

Eyewitness statements are also very valuable. These statements can provide firsthand accounts of the events leading to a wrongful death. Additionally, they can help corroborate other evidence by describing the circumstances of an accident or identifying individuals responsible.

It is crucial that you attempt to retrieve contact information for any potential witnesses to your loved one’s fatal accident. Our team will provide thorough support when reaching out for their potential cooperation.

Surveillance Footage

Surveillance footage from cameras at the scene or nearby locations can offer visual evidence of wrongful deaths. This footage may capture the actions of involved parties, the sequence of events, or any contributing factors, providing objective documentation that supports the wrongful death claim.

For example, footage from a driver’s dashboard camera may be used to show that truck driver caused a deadly accident by running a red light. Further, a recording from a security camera on a construction site may help identify the hazards that led to a fatal fall. Thankfully, our legal professionals can help track down copies of any relevant surveillance footage in your case.

Photos from the Scene

Furthermore, photographs taken at the scene of a fatal accident can serve as powerful evidence in a wrongful death case. These photos may depict conditions that led to the accident, the severity of the victim’s injuries, or other relevant details that help determine whether a wrongful death occurred. If you were able to acquire photos from the scene in your case, then you should bring them with you to your free case review.

Physical Evidence from the Scene

Physical evidence from the scene of an accident may also be used to support a wrongful death claim. For example, you may present an article of clothing, a piece of debris, or a defective product to prove your case or defeat an alternative theory of fault. Legal support can be highly beneficial when evaluating the evidence found at the scene in your case.

Expert Witness Testimony

Expert witnesses such as accident reconstruction specialists and medical professionals can offer specialized knowledge and opinions to support a wrongful death claim. Their testimony can provide insights into complex aspects of the case, such as the mechanics of an accident or the medical implications of a victim’s injuries.

Accident Reports

Lastly, official accident reports filed by law enforcement agencies or other relevant authorities may be used. These reports often document important details surrounding deadly accidents. For instance, a relevant accident report may include witness statements, findings from investigations, and conclusions regarding fault or liability. Our attorneys can help recover a copy of any accident reports created in your case.

Time Window to Sue for Wrongful Death Damages in Massachusetts

The time window to file a wrongful death lawsuit in Massachusetts is set forth by Mass. Gen. Laws Ch. 229, § 2. Usually, a case must be filed by the executor of the victim’s estate within three years of the death at issue. If this deadline is not adhered to, then your case may be dismissed by the court.

Despite potentially having up to three years to file a wrongful death claim, you should begin working on your case as soon as you can. The evidence required to win your lawsuit may become difficult to collect and preserve as time passes. For instance, an eyewitness may forget pertinent details surrounding an accident, or a piece of physical evidence may begin to deteriorate. The sooner you get started on evidence collection, the more efficient the process will be.

It is important to note that, in addition to filing your wrongful death case on time, there are several other conditions that must be satisfied when bringing your case to court. For example, you must file in the proper jurisdiction, attach any required supporting documents, pay necessary court fees, and serve the named defendants. Legal support can be crucial when ensuring that these requirements are met during the filing process.

What Are Your Chances of Winning a Wrongful Death Suit in Massachusetts?

Your chances of winning a wrongful death suit in Massachusetts depend on various factors, including the strength of the evidence, the expertise of your legal representation, and the specific circumstances of the case.

Our attorneys have a deep understanding of Massachusetts law coupled with valuable experience in handling wrongful death claims. We can perform a free case review to determine your chances of success. Moreover, we can offer thorough support and guidance during each step of the process for pursuing compensation.