Every state, including Massachusetts, has laws governing wrongful death claims. In my longtime experience as a member of WS, I'd say the "wrongful death claim" has to be one of the most misunderstood lawsuits-- regardless the State or circumstances. To be clear, generally, all elements necessary to support a personal injury lawsuit must be present in a wrongful death claim.
More specifically, to understand how wrongful death lawsuits work, it's important to understand how the State Statute defines “wrongful death,” what types of damages are available, if there are any time limits to file a claim, and “who is permitted to file a wrongful death claim?” (i.e., who has standing).
Standing and Wrongful Death Lawsuit in MA:
Under Massachusetts law, only the administrator or executor of the deceased’s estate has standing to file a wrongful death claim. An executor or administrator has a number of obligations and responsibilities regarding the deceased’s estate, including paying any outstanding debts, ensuring beneficiaries receive their inheritance under the terms of the will, and finalizing the estate’s affairs. In this specific case, I think it's fair to assume that JOK had a will, and that he nominated his brother POK to serve as the executor.
Please take note that pursuant to MA law, given JOK had no surviving spouse, his children will receive the whole of any economic portion of a presumed Wrongful Death award, in equal shares. In other words,
JOK's parents and siblings will not benefit from the lawsuit because there are surviving children.
IMO, POK is acting on behalf of the children left behind by filing the wrongful death claim. Right or wrong, this lawsuit will likely involve settlements by the Insurers of the defendants, and not a trial. And as for suing the bars, MA follows a 51% modified comparative negligence rule. How do you blame the bar when the parties are hiding drinks in their coats? Just sayin..
Filing a Wrongful Death Lawsuit in MA:
As stated above, a wrongful death claim must be filed by the executor of the deceased’s estate.
Typically, you could think of a wrongful death claim as a personal injury lawsuit filed on behalf of the deceased (i.e., the plaintiff).
For example, wrongful death could arise from an automotive vehicle accident case, medical malpractice, or a product liability claim. Therefore, all the elements necessary to support a personal injury lawsuit must be present in a wrongful death claim.
Wrongful Death Claims and MA Statute of Limitations:
The executor of the deceased’s estate must file a wrongful death lawsuit within three years of the deceased’s death. If you do not comply with the
statute of limitations, the case will likely be dismissed.
Wrongful Death Damages allowed in MA:
A wrongful death claim can arise when one person dies due to the
legal fault of another person or entity.
Massachusetts law defines “wrongful death” as a death caused by negligence, a “willful, wanton, or reckless act,” or breach of warranty. Negligence can take many forms, such as car accidents, medical malpractice, or defective products.
A wrongful death action seeks to recover damages that the victim could have recovered had they survived the accident.
Here is a summary of the key categories:
- Loss of financial support — This includes income the deceased would have likely earned in the future, as well as the value of household services they provided, such as child care or home maintenance.
- Loss of companionship — This encompasses the emotional pain and suffering endured by the beneficiaries due to the loss of companionship, guidance and love from the deceased.
- Loss of decedent’s society — This compensates for the loss of the deceased’s companionship, protection and enjoyment of life.
- Medical and funeral expenses — Reimbursement for reasonable medical bills incurred before death and the costs associated with the funeral and burial.
Punitive damages are uncommon in MA:
Punitive damages put the focus on the person or organization that is responsible for the accident or death. They are similar to a fine. The court will impose the damages on the responsible party based on conduct that led to the accident or death. By doing so, the court seeks to deter others from acting the same way. Punitive damages in MA are uncommon--especially if no criminal conviction. Most likely because they are not insurable, MOO.
Massachusetts only allows punitive damages when authorized by state law.
The Massachusetts wrongful death statute allows punitive damages if a wrongful death occurred due to “malicious, willful, wanton, or reckless conduct of the defendant or by gross negligence of the defendant.” To be awarded punitive damages, you will have to prove that someone died because of the conduct described. The minimum award for punitive damages in Massachusetts is $5,000.
What is the Standard of Proof for Punitive Damages?
Most injury victims only have to prove their damages by a preponderance of the evidence. This means they must show that it is more likely than not that the defendant caused their injury and related losses. Attorneys sometimes refer to this as proving your case by 51%.
In most states, punitive damages have a higher standard of proof. To recover these damages, you must prove you deserve them by
clear and convincing evidence. This standard is much higher than a preponderance of the evidence but lower than the “beyond a reasonable doubt” standard in criminal cases.
malegislature.gov
Punitive Damages & MA
www.courttv.com
