Wrongful Death

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.

It is unfortunately easy to get into a bicycle accident on today’s busy roads. If a bicycle experiences a collision with a car, it is usually the bicyclist who sustains the worst injuries including fractures, head injuries, and in some cases, wrongful death.

While your injuries may be covered by the driver’s or your own auto insurance policy, the best-case scenario is to avoid these accidents in the first place. You can take precautions to enhance your visibility whether you bicycle commute to work or enjoy an occasional leisurely ride. Here are six bicycle safety habits to help you avoid accidents.

1. Install a Headlight

Headlights are vital safety equipment but they are also the law. Massachusetts law requires bicyclists to use a front white light (headlight) from 30 minutes after sunset to 30 minutes before sunrise.

Even though most bicyclists do not ride after dark, nighttime accidents account for nearly half (47%) of cycling deaths, according to the Governers Highway Safety Association.

A headlight helps you see better when you ride at night but also enhances your visibility to traffic. You can also purchase one with a flashing feature that makes you more noticeable during the day.

If you ride during dawn, dusk or at night frequently, consider investing in reflective clothing too. A “slow vehicle” triangle helps as do the light reflective vests used by road personnel.

2. Make Eye Contact

Drivers do not look out for bicycles as they do for other cars. While an impact with you is likely the driver’s fault, that is not a comfort if you are stuck in a hospital for days and face a long recovery time.

The best way to avoid impact is eye contact. Unless a driver looks right at you, do not cut in front of them or assume it is safe to cross. If they seem extra oblivious, wave or even yell out just to make sure they notice you. If you’re not sure whether the driver has seen you and will yield, wait for them to clear your path completely before continuing your route.

3. Stay in the Road

If there is a bike lane, stay to the left near the line. This makes you more visible and even if you must be in the lane with cars, you are actually safer than if you ride as close to the curb as possible. Also, a common form of injury suffered by bike riders is drivers parking a car then opening the door in front of you. If you stay left and stay out of door range, you are more likely to avoid this type of collision.

Riding on the sidewalk is also not recommended. You put pedestrians in danger and end up in danger zones like crosswalks. Drivers often do not expect to see bicycles in the crosswalk.

It seems counterintuitive to stay safer by driving in the road but sometimes, that is the only way drivers pay attention to you. As with many of these other tips, visibility is key to avoiding accidents.

4. Go with Traffic

Pedestrians walk against traffic to assure visibility and stay safe. Many bicyclists believe the same approach works for them.

However, riding against traffic is dangerous for a bicyclist. You cannot stop as quickly as a pedestrian and you will often sneak up on drivers. If a driver is making a right turn from a side street, they are not expecting a vehicle to come at them from the right. This makes them more likely to turn into you and cause an accident.

5. Stay Out of Blind Spots

Avoid stopping beside a car whenever possible. If stopped, your best spot is between two cars, even if you remain in a bike lane. This assures cars behind you and in front of you see you.

Otherwise, you risk another common type of car-bicycle collision–the right turn punch. When you sit in a car’s blind spot, the driver may complete a right turn right into you or in front of you, making it impossible to stop on time. Never riding or stopping beside a car is the best way to avoid this accident.

6. Remember: You Are Operating a Vehicle

Like a car, your bicycle is subject to statutory requirements and must follow the rules of the road. Think of it as a really small vehicle that could be hit if drivers of larger vehicles do not pay attention to you. Purchase the safety equipment (including a good bicycle helmet) and ride in a cooperative fashion that helps you coexist well with cars.

However, even if you develop the good practices and intentions, there is still a risk of facing a catastrophic injury from a careless driver. Mazow | McCullough, PC is there for you if this occurs. Contact us for a free case evaluation by calling (855) 693-9084 or (978) 744-8000.