When a loved one's life is tragically cut short due to an intentional act such as murder, family members often face a painful array of emotional and financial losses. In Massachusetts, wrongful death claims are available to surviving family members as a way to seek justice and compensation for their loss. While the criminal justice system handles punishment for the crime itself, civil law enables surviving family members to hold the responsible party financially accountable. Understanding the eligibility criteria, legal process, and compensation potential can help families make informed decisions during this challenging time.

What Is a Wrongful Death Claim in Massachusetts?

A wrongful death claim is a civil lawsuit filed by the surviving family members of a person who lost their life due to another’s negligence or intentional actions. In Massachusetts, wrongful death claims can arise from various situations, including car accidents, workplace incidents, medical malpractice, and, tragically, murder.

Key Characteristics of Wrongful Death Claims:

• Civil Case vs. Criminal Case: While a murder case is tried in criminal court, a wrongful death claim is a civil matter. This means that the purpose is not to prove guilt beyond a reasonable doubt but to establish liability and seek financial compensation.
• Burden of Proof: In civil cases, the standard of proof is called "preponderance of the evidence," meaning it only has to be more likely than not that the claim is true. This is a lower standard than the "beyond a reasonable doubt" requirement in criminal cases. Because of this difference, a wrongful death claim might succeed even if a related criminal case doesn’t.
• Eligibility to File: Massachusetts law specifies who can file a wrongful death lawsuit, typically restricting it to the executor or personal representative of the lost ones estate. This person acts on behalf of the deceased's close family members, such as spouses, children, and parents.

Eligibility to File a Wrongful Death Claim After a Murder in Massachusetts

This only applies to specific family members who are eligible to file a wrongful death claim. The process begins when a personal representative, often designated in the deceased's will, brings the lawsuit on behalf of the family members. If no personal representative is named, the court may appoint one.

Eligible Beneficiaries:

• Spouse: The surviving spouse generally has the strongest claim to compensation for both economic and emotional losses.
• Children: Minor and adult children can file claims for damages due to the loss of parental support and companionship.
• Parents: If the deceased was a minor or had no spouse or children, the parents of the deceased can file a claim to seek justice and compensation.

These limitations aim to ensure that only those with a close and dependent relationship to the deceased are eligible for compensation.

Damages Available in a Massachusetts Wrongful Death Claim

Compensation for wrongful death claims aims to address the financial, emotional, and psychological impacts of the loss. In Massachusetts, the following types of damages may be available:

Economic Damages

Economic damages are intended to cover quantifiable financial losses incurred as a result of the death, including:

• Medical Expenses: Bills incurred for medical treatment related to the incident before death.
• Funeral and Burial Expenses: The family may recover reasonable expenses for the funeral and burial.
• Loss of Financial Support: If the person who passed was the main income earner, the family might seek compensation for lost income, factoring in expected earnings over the deceased's life.

Non-Economic Damages

Non-economic damages speak to the emotional and psychological impact of the death, which can be particularly significant in cases involving murder:

• Pain and Suffering: Reimbursement for the emotional and physical pain endured by the deceased before their death.
• Loss of Companionship: Spouses, children, and parents may be compensated for the loss of love, care, and companionship.
• Mental Anguish: Family members can receive damages for the emotional suffering caused by the intentional act that led to their loved one's death.

Next Steps: Filing a Wrongful Death Claim

Navigating the legal process after the murder of a loved one can be daunting. Here's a general outline of the steps involved:

1. Consult with a Wrongful Death Attorney: It's beneficial to work with an attorney experienced in Massachusetts wrongful death claims who can assess the case and guide the family through each step.
2. Appoint a Personal Representative: If the deceased did not appoint a personal representative, the family may need to petition the court to assign one.
3. Gather Evidence: Evidence such as police reports, medical records, and witness testimonies are essential for building a strong case.
4. File the Lawsuit: Once evidence is gathered and the claim is prepared, the attorney will file the lawsuit on behalf of the family.
5. Negotiate a Settlement or Go to Trial: In many cases, wrongful death claims are settled before trial. However, if a fair settlement isn't reached, the case may proceed to court.

Potential Challenges in Wrongful Death Cases Involving Murder

Cases involving murder add unique challenges to wrongful death claims:

• Overlap with Criminal Proceedings: If criminal charges are filed, it may impact the timeline of the wrongful death case. Many families choose to wait until the criminal case concludes.
• Emotional Impact on Family: These cases can be emotionally taxing for families, especially when the details of the murder are revisited in court. An attorney can offer support and representation to reduce the family's burden.
• Collecting Damages: If the defendant is incarcerated or has limited financial resources, collecting awarded damages may be challenging. However, Massachusetts law allows families to seek damages from any personal assets of the defendant.

The Role of Legal Counsel in Massachusetts Wrongful Death Cases

An experienced lawyer can help families pursue justice by managing complex legal procedures, gathering necessary evidence, and representing the family's interests during negotiations or in court. Skilled legal representation can significantly impact the case's outcome, ensuring that families receive fair compensation for both economic and emotional losses.

Conclusion

Filing a wrongful death claim in Massachusetts following a murder is a powerful tool for families seeking justice and financial relief. By pursuing this legal avenue, families can hold the responsible party accountable and find some measure of closure amidst their grief. Understanding the requirements, damages available, and process involved can empower families to make well-informed decisions and honor their loved one's memory.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced Lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.