Grounds on which wrongful death claims may be filed

On Behalf of | Sep 13, 2018 | Wrongful Death

A wrongful death is one that occurs due to the actions or omissions of another person. They happen on Massachusetts roads when irresponsible drivers allow distractions to take their attention away from driving and accidents occur with fatal results. They occur when others neglect to act responsibly and put other people’s lives in danger due to their carelessness.

In essence, wrongful deaths can be based on acts of negligence. When a person acts negligently, they fail to exercise their duty of care to others and act reasonably given their circumstances. For example, a driver has a duty of care to their passengers and other people who use the roads; if they choose to text and drive or to excessively speed, they may fail in their duty and cause a dangerous collision.

Wrongful deaths can also result from acts of malicious or wanton conduct. In situations such as these, the individuals who caused their victims’ deaths may have intended to cause the victims harm. When a person is accused of murder in the criminal courts, they may also be subject to civil liability for their victim’s wrongful death.

Wrongful deaths can also result from reckless conduct. Different bases for wrongful death claims can be used in different factual scenarios and it is important that victims who have lost loved ones in wrongful death incidents seek legal counsel to understand their possible claims. Through their legal actions, victims may seek compensation for their losses and other possible damages based on the facts of their cases.