Wrongful Death

When a loved one dies, it always takes an enormous toll on the people left behind. When your loved one is killed through the negligence or wrongdoing of someone else, there is even more heartache and stress. In addition to dealing with the emotional aftermath of the loss, you may also be facing financial hardship based on the loss of income from your lost loved one. We may be able to help.

While nothing can bring back your loved one, a wrongful death lawsuit may be able to help you get the financial justice you deserve. You’re probably wondering, what happens in a wrongful death lawsuit? What does the process look like? To prepare you, here’s a look at the essentials.

What Is a Wrongful Death?

A wrongful death is when a person dies due to the negligence or malicious but often unintentional actions of another person. A wrongful death case is a civil action, not a criminal one, but criminal charges may be tried separately in these cases.

If criminal charges are not brought against the wrongful party, they can be still charged in a civil court. Similarly, even if the defendant is found innocent in a criminal case, they can still be charged in a civil case. The standards of proof are different in each of these types of cases, which is why someone may escape charges in a criminal case but still face liability in a civil case. The charges are also different, which is why the double jeopardy law doesn’t come into play.

What Does the Wrongful Death Process Look Like?

There are many phases of a wrongful death suit, and each case is slightly different depending on the details. The process can take months or even years, but regardless of the time involved, you can usually expect to see the following elements:

• Free Case Evaluation – Most wrongful death attorneys start with a free case evaluation. During that meeting, you chat with the attorney about your case. They decide if you should move forward with a lawsuit, and you decide if you want to work with that attorney.
• Filing a Complaint – To get the case started, the wrongful death attorney will formally file a complaint or a writ of summons, letting the courts and the other party know you are commencing a lawsuit. Then, the other party has to respond to the complaint.

• Discovery – This is the beginning of the case where the lawyers from each side exchange information about the details of the case, including paperwork, depositions, and any evidence that has been gathered.
• Legal Motions – Both sides make legal arguments based on the information gathered in the discovery process.
• Settlement Conference – A judge can work with the attorneys on both sides to mediate a settlement offer that works for all parties, saving time and money.
• Wrongful Death Trial – If no settlement is reached, the next step is to take the wrongful death case to trial. At this time, the attorneys present evidence, question witnesses, and argue the case. Then, a jury or judge decides the outcome of the case and the amount of damages owed.
• Appeals – If either side doesn’t agree with the outcome, they have a certain amount of time to file an appeal.
• Collection Process – After the verdict, you will be able to begin collecting damages if the case went in your favor.

Who Can File a Wrongful Death Suit?

Usually, a spouse, parent, child, or close relative can file a wrongful death suit. However, in Massachusetts, you need to be the administrator or executor of the deceased’s estate to file a suit. If you aren’t sure whether or not you have the right to file a wrongful death suit, contact an attorney, and they can help you with the specifics.

What Kinds of Damages Can Be Collected?

It is impossible to put a price tag on the life of a loved one. There are many things that can never be reduced to a number. However, the law does allow you to try and recover the following through a wrongful death suit:

• Loss of future wages
• Final medical costs
• Funeral and burial costs
• Loss of inheritance
• Loss of companionship
• Attorney Fees

What Questions Should You Ask When Looking for An Attorney?

When trying to find an attorney to handle your wrongful death case, you might want to ask some of the following questions:

• Do you have time to devote to my case? – Make sure the attorney you choose does not have such a big caseload that they don’t have time to work on your case.
• Have you handled wrongful death cases before? – Ideally, the attorney you choose should have a proven track record in dealing with these kinds of cases. Also, make sure that the firm you choose has the financial resources to devote to putting your case together.
• How much is my case worth? – Your attorney might not have the answer to that question right away, but they should be able to tell you the steps they will take and the research they will do to make sure you are fairly compensated

Dealing with the loss of a loved one under these circumstances is more than anyone should ever have to bear, but you should not have to suffer financially as well. Hiring an attorney to handle your wrongful death suit can help to bring you some peace and comfort in these trying times.

At Mazow | McCullough, PC, we always have time to devote to our clients and we are very experienced in the realm of wrongful death cases. To set up a free case evaluation, contact us at Mazow | McCullough, PC today.

While it is always difficult to lose a family member, it is especially devastating when you need the financial support of the person who died or when the death was caused by the negligence of another party. If your family member recently died due to negligence, carelessness, incompetence, or failure to act, you may be entitled to financial compensation for wrongful death.

Even if cases where no one is criminally responsible for the death, you may still be able to hold someone civilly liable through a wrongful death claim. A wrongful death claim is special type of personal injury claim brought forward by a surviving family member of someone who was killed.

Many wrongful death cases go to trial, but they don’t always go to court. In some cases, you may decide to accept a settlement. Typically, you have a choice between accepting the settlement and moving forward with the trial. When deciding if you should settle, you should keep the following elements in mind.

The Value of the Settlement

In a court case, the judge decides on the value of loss. With a settlement, the offer can be proposed by either the plaintiff or the defendant, and usually, these parties go back and forth until they agree on a sum. When you’re trying to decide whether or not you should settle, look closely at the amount of the settlement. Ideally, you want to ensure that the settlement will cover your current and future damages. For instance, you may need funds to pay your loved one’s final medical bills or funeral expenses, as well as money to cover the loss of their income.

It’s also important to remember that some wrongful death attorneys charge higher contingency fees if the case goes to trial. They may incur a lot of additional expenses through the trial that may be deducted from the final award. As a result, you may end up with less money after a trial, even if the award is greater than the settlement offer.

Length of Time for the Proceedings

Lawsuits can be long and emotional exhausting. They may drag on, and some defendants purposefully drag on the case to tire out the other side. After the loss of a loved one, you may not want to deal with a long, stressful trial. Instead, you may want to focus on grieving and healing. By setting out of court, you complete the process a lot faster. If the wrongful death settlement covers your expenses, you may want to give yourself a break by settling out of court. However, don’t give up on justice if the defendant is purposefully dragging the case out just so you’ll settle.

Possible Bad Publicity?

Usually, this issue only concerns the defendant, and if they are worried about the case reflecting poorly on their business or personal reputation, they may want to settle quickly. If you believe that the defendant is trying to settle for this reason, you may want to talk with your lawyer about negotiating a higher settlement. At the same time, you should think of any effects press around the case may have on you personally. You may prefer to stay out of the limelight.

The Strength of Your Case

Remember, a settlement is basically money in your pocket. When you agree to a settlement, the funds are guaranteed. In contrast, if you move forward toward a trial, you are not guaranteed to win. If you or your wrongful death attorney is worried about your case, you may want to accept the settlement. Don’t rule out going to trial though if you feel you have a strong case and more to gain by taking the risk.

Mediation or Arbitration?

Sometimes, there can be middle ground between accepting a settlement and going to court. In particular, you may want to talk with your lawyer about mediation or arbitration. With mediation, both parties meet and talk with a mediator, who offers their expertise and advice regarding how the case could be settled and how money should be awarded. Then, you, the defendant, and your attorneys decide if you want to agree to the mediator’s ideas.

In contrast, if you agree to arbitration, both parties meet and talk with an arbitrator who then makes a ruling based on his or her interpretation of the situation. Although both of these options can involved a few different costs, they tend to be less expensive than going through a trial.

If you have lost a loved you and you need help with a wrongful death case, contact us today. At Mazow | McCullough, PC, we can offer you a free case evaluation and help you decide the best route forward with your case.

If you have lost a loved one due to the neglect of another party, you may be able to bring a wrongful death suit forward and claim damages related to final medical expenses, funeral costs, and loss of your loved one. To prove that wrongful death occurred, you must be able to establish that the defendant’s conduct caused the death of your loved one, but you don’t necessarily have to prove that the defendant was exclusively responsible for the death.

In some situations, the death may be only partly related to negligence. Although the specifics vary from case to case, you may be able to bring a successful claim forward even if other elements contributed to the death. Have questions? Here’s what you need to know.

Defenses in Wrongful Death Claims

There are a variety of defenses that can be used to fight a wrongful death suit. Some defendants may argue you’re past the statute of limitations. To avoid that, you should contact us for a free case evaluation as soon as possible so that you don’t miss any critical deadlines. In other cases, the defendant may argue that their actions were not connected to the injury that led to the death at all, and again, you need a quality attorney who is experienced with wrongful death cases to help you address that issue.

Beyond that, the defendant’s legal team may argue that the deceased was partly responsible for the death. This is called comparative negligence or imputed comparative negligence. Even if your loved one was partially responsible, the defendant may still bear liability and may still be required to pay out a settlement.

Comparative Negligence

Comparative negligence is when the injured or deceased party contributes to their injuries or death. For example, if the victim was jogging in the street at night without reflective clothing and they were hit and killed by a vehicle, the judge may determine that the jogger partially contributed to the accident. Similarly, if someone slips, suffers a serious injury, and dies, the property owner may be liable for the death, but if the victim didn’t exercise reasonable caution, they may bear some of the responsibility for the accident as well.

Fifty years or so ago, if a defendant could prove that a personal injury plaintiff contributed in any way, however slight, to the accident that caused their death or injuries, then the plaintiff was not entitled to any compensation at all. Today, however, most states — including Massachusetts and New Hampshire —have adopted comparative negligence laws. Now, the judge or jury considers evidence and assigns blame to one or both parties using a percentage basis. This arrangement results in greater fairness to all parties.

Settlements Based on Comparative Negligence

For example, Massachusetts uses a 51% comparative negligence rule. This means that if the defendant is responsible for at least 51% of the death, they are responsible for paying a settlement. However, the settlement is reduced by the percentage of the victim’s contribution to the situation. For example, if the victim is found to be 20% responsible for the accident, their settlement is reduced by 20%. In this situation, if the victim was awarded $500,000, their award would be reduced by $100,000, and they would receive $400,000.

When comparative negligence is involved, it becomes more important than ever to have a quality lawyer in your corner. They can firmly establish the amount of the damages, which helps to increase the amount of the original claim. Then, once you apply the reduction, you still end up with a relatively fair settlement.

Imputed Comparative Negligence

Imputed comparative negligence rarely comes into play. Typically, this rule applies when the beneficiary has a special relationship with the defendant and the liability can be imputed from the defendant to the beneficiary. In these situations, the beneficiary may be barred from bringing forward a wrongful death claim.

As you can see, there are many ins and outs to wrongful death claims. Even if you know your loved one’s death was partly caused by their own actions, you should still consider bringing forward a wrongful death lawsuit. To learn more, contact us today to set up a no-cost case evaluation. At Mazow | McCullough, PC, we have experience fighting wrongful death claims, and we understand how to move forward confidently even when comparative or imputed negligence is involved.

The death of a child is a tragedy that no parent should ever have to endure, but when the death is due to the negligence or misconduct of another person, that can make the situation even worse. Although no one can bring back someone’s child, there are resources that can help families cope.

What Are the Causes of Wrongful Death in Children?

With children, the most common cause of wrongful death is vehicular accidents. This includes car accidents where another adult is transporting the child and their negligence causes the child’s death. It also includes cases where a negligent driver of another vehicle is responsible for the accident. In some cases, children riding their bicycles or playing outside also suffer wrongful death due to a car or truck accident.

On top of that, many wrongful deaths in children are caused by faulty products. Over the years, deaths have been caused by products made for children such as toys with lead, dangerous playground equipment, and hoverboards. Beyond that, products such as tires, airbags, and tipping shelves have led to the wrongful death of multiple children.

In some cases, medical malpractice can lead to the wrongful death of a child. At birth, nearly 2% of infant deaths are related to injuries often linked to medical malpractice or the misuse of instruments. As children get older, they may be misdiagnosed, given the wrong medication, or exposed to a range of other potentially fatal risks. In fact, according to some estimates, medical malpractice is the third leading cause of death for people of all ages.

Children can also suffer wrongful deaths due to dog attacks, by drowning in swimming pools, and by playing sports.

How Can Wrongful Deaths Be Prevented?

Unfortunately, there is no surefire way for parents to protect their children from wrongful deaths. By their very nature, wrongful deaths are caused by the negligence of another person or entity.

However, to keep children as safe as possible, parents should focus on road safety and emphasize the importance of using seatbelts and bicycle helmets. They should also warn their children about the potential risks of dogs they don’t know. Ideally, parents should know the signs of a concussion so they can help keep their children safe on the field, and they should always watch their hildren around swimming pools.

If possible, parents should monitor recall notices and immediately stop using any products that have been recalled. Ideally, parents should try to do due diligence on the products they use, and in particular, they may want to avoid manufacturers with a history of creating dangerous products.

However, in many cases, these efforts are simply not enough. When an individual or a company is negligent, a child can die, regardless of how hard their parents tried to protect them.

Is There Support for Parents Who Have Lost a Child Due to Wrongful Death?

There are many support groups for parents who have lost their children. To find a group in your local area, contact your church, community center, hospital, or library. The staff at these facilities may be able to help you find a grief support group.

If you can’t find a local group, you may want to look for an online group. Facebook, in particular, has many groups geared toward parents suffering the loss of a child. Many parents also find some relief by talking with grief counselors.

When you have lost a child due to wrongful death, support is only one facet of the equation. Your child deserves justice for negligent behavior that caused them to lose their life, and you also deserve compensation for related expenses and suffering. Contact the personal injury attorneys at Mazow | McCullough, PC today at 855-693-9084. We can talk with you about your case and help you decide how to move forward.

Grief is an overwhelming process not only to the one going through it but also those who care about them. If the deceased loved one died due to the negligent or intentional act of another person, this may intensify the grief.

If someone you know is facing the wrongful death of a loved one, it can be difficult to know what to say or feel your support is enough. Here are five suggestions for offering comfort and support.

Acknowledge Their Feelings

Telling a grieving person “Please don’t cry” may seem harmless but it also devalues their emotions. It may be uncomfortable to see your friend or loved one cry or experience anger, however, it is important to acknowledge these feelings and treat them as valid.

Everyone experiences grief in a different way and it may not always make sense to you. Just remember it is your job to offer support, even if feelings appear intense or unusual. Leave your judgment at the door and allow people to express themselves fully during this difficult time.

Offer Assistance

“How may I help?” or “I am here if you need anything” are among the best statements you can make to a grieving loved one. Sometimes, the minutiae of daily living is too much and people need your assistance.

This may involve making them a week’s worth of freezer meals or mowing the lawn. If grief leads to anxiety, making telephones calls to finalize funeral arrangements or death certificates can be essential. Sometimes, just having someone there when the survivor finalizes documents or consults with an attorney can help.

Do Not Disappear

It is common for people to stop checking in after the funeral. They’ve got busy lives, but unfortunately for the person grieving, their lives have all but stopped. It can be extremely difficult for the person who lost a loved one to experience wave after wave of love and support, and then suddenly nothing as the days and weeks pass after the funeral is over.

If you are a good friend or close relative, stay in contact. Even if your friend or loved one wants time alone, a text message simply stating “I’m thinking of you” offers support without requiring a response. You may never hear back from them until a few days later but you let them know you are still there.

Also, understand that holidays, death anniversaries, and birthdays will be difficult. Many people withdraw, afraid they will upset the survivor. It is true that these may be days of tears, but completely ignoring milestones can make this grief much worse.

Stay Away from Clichés

People commonly use clichés like “they’re in a better place” or “it was just their time,” but these can be awkward and are of little value.

It is better to say, “I’m sorry, I don’t know what to say,” then repeat the same tired clichés about death. If you love someone, any time they pass away is too early. This is even more applicable when the loss is due to an accident or intentional act. Your loved one is dealing with shock and anger as well as loss. In these cases, it is better to offer help or simply state, “I’m here for you.”

Do Not Exclude Them

Acknowledging grief does not mean you must exclude them from activities they enjoy. You may hear “no” frequently, but people often feel better just knowing you thought of them.

So, continue your invitations to social gatherings. You do not want to force a transition into activities with guilt or pressure. Offer the option and if they feel ready, they will say “yes.”

Mazow | McCullough represents survivors who lost loved ones under tragic circumstances that could have been prevented. We understand the grief involved in wrongful death claims and can handle your case with compassion and experience. Contact us today to schedule a consultation by calling (855) 693-9084.