Proving a Wrongful Death Claim - Mazow | McCullough, PC
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Proving a Wrongful Death Claim

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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