In Massachusetts to proceed with a wrongful death claim, a wrongful death action it has to be shown that the death resulted from or was caused by the negligence of another party. Whether it was due to a car accident, the typical negligence standards would apply whether or not that person passed on. You still have to prove liability; you have to prove who is at fault. If it is a medical malpractice claim you have to show that the doctor was acting outside of the standard of care. There still a legal requirement that has to be made under a wrongful death claim. The presentation of it is different and the beneficiaries are different.
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My name is Kevin McCullough with the law offices Mazow and McCullough if you have been injured, you need legal assistance you have questions you deserve answer to those questions and you deserve the best call our offices.