When a family member dies in an accident or by some other means that weren’t their fault, you need to determine who is responsible for their passing before you can file a claim for compensation.
This can be a complex process, but with the help of the qualified Salem, Massachusetts wrongful death lawyers at Mazow | McCullough, PC, you can successfully hold negligent parties responsible for your loved one’s untimely death. Here’s what to know and how to get in touch.
Identifying Potentially Liable Parties
When someone is killed in an accident, very rarely is no one at fault at all. There are often one or more potentially liable parties, such as:
- The driver of a car or truck that hit the deceased
- The doctor or hospital responsible for taking care of the deceased
- The municipal or state government where the accident occurred
- The owner of an establishment where someone was killed
- The manager or supervisor of a workplace where an employee died
Establishing Fault
Determining which of the above parties may be responsible involves multiple elements that must be demonstrated in court, including:
Proving Duty of Care
In order to prove that someone is at fault for your loved one’s death, you must first establish that they owed your family member a “duty of care.” This is a legal term that refers to having a basic responsibility to ensure the safety and well-being of other people. If the person or company that you believe caused the death did not owe your family member a duty of care, they most likely cannot be held accountable in a court of law.
However, duty of care is broad and most people owe this to others around them. For example, all motor vehicle drivers owe other cars, bicyclists, motorcyclists, and pedestrians a duty of care to operate their vehicle safely and in a manner that does not put anyone at risk.
Proving Breach of Duty
Once you’ve established that the potentially liable party was indeed responsible for your loved one, you must prove that they violated or breached their duty of care. You can do this by providing evidence that the defendant was negligent and careless in their actions or that they acted in a manner that directly caused harm to your loved one.
This might include things like:
- Toxicology reports that prove a driver was drunk when they hit your family member’s vehicle
- Video evidence that shows a store manager walking past a spill without cleaning it up or placing a wet floor sign nearby
- Medical records that show your loved one was neglected or abused in a nursing home prior to their death
- Witness testimonies that corroborate the alleged at-fault party’s negligent actions
- Blueprints that highlight defects in vehicle design or manufacturing that caused a deadly accident
- Internal emails, texts, and other communications that reveal company staff were aware of hazardous conditions or safety violations prior to the fatal incident
- Product recall notices that show a company knew about a defective product that caused someone’s death
Assessing Your Damages
Finally, once all of the above elements have been proven and the fault of the defendant has been adequately demonstrated, you will need to show the court that you suffered damages as a result of your loved one’s untimely passing. Here are some that tend to apply in most wrongful death cases:
- Medical bills
- Funeral expenses
- Your loved one’s future lost wages
- Legal fees and court costs
- Loss of companionship
- Pain and suffering
- Punitive damages
Read More
Most Common Damages Sought in a Wrongful Death Lawsuit
The Difference Between Economic & Non-Economic Damages in Wrongful Death Claims
Massachusetts Wrongful Death Claims – Financial Damages
How the Experienced Wrongful Death Attorneys at Mazow | McCullough, PC Can Help
Successfully identifying the at-fault party (or parties) in your case can be challenging, especially when your family is going through the grieving process. However, the other side is counting on you to be too distraught to fight for your loved one’s justice. Our veteran wrongful death lawyers at Mazow | McCullough, PC have the experience and zeal to pursue the highest settlement and won’t stop until we achieve the best possible result in your case.
Contact us now to learn more about how we can help you navigate the aftermath of wrongful death or to set up a free consultation to speak with a member of our legal team. Call (978) 744-8000 or (855) 693-9084 today.
Robert E. Mazow, Partner
Rob Mazow is a founding partner of Mazow | McCullough, PC, where he represents injured victims and their families. As a former Assistant District Attorney in Essex County, Rob has tried over 100 jury cases. Unhappy with representing “big business,” he left a large Boston firm in 2003 and dedicated his new practice to holding wrongdoers accountable. Rob has recovered millions for families and has led impactful class actions protecting Massachusetts consumers. He tells his clients, “I can’t guarantee you a result. But what I can promise is that nobody will fight harder to get you the best result possible.”
