A “wrongful death” is defined as a death brought on by negligence, a “willful, wanton, or reckless act,” or a breach of warranty in Massachusetts General Laws Ann. ch. 229, 2. To put it another way, a wrongful death claim may be made when someone perishes as a result of the legal wrongdoing of another person or entity, such as in the case of a medical error, an intentional act, or a negligence-based incident (such as a car accident).

According to Massachusetts law, a wrongful death claim may be brought in any instance where the person who passed away could have brought a personal injury claim if they had survived. In a successful wrongful death case, just like in other personal injury claims, the defendant’s responsibility is only defined in terms of the monetary compensation (“damages”) that the court orders the defendant to pay to the deceased person’s survivors or estate. This is one key distinction between a criminal homicide prosecution and a wrongful death litigation, where a conviction may result in jail or prison time, state-imposed fines, probation, and other punishments.

Another significant distinction between a homicide criminal prosecution and a wrongful death civil lawsuit: A extremely high standard for the prosecution to meet is the requirement that the state or federal government prove the defendant’s guilt “beyond a reasonable doubt” in criminal court. A plaintiff in a civil case merely needs to show that the defendant was at fault “by a preponderance of the evidence,” which means that it is more likely than not that the defendant caused the death. However, it is possible for a single incident to give rise to both criminal accusations and a wrongful death claim: When facing criminal charges for the same death, a defendant may still be sued in civil court for wrongful death.

Another significant distinction between a homicide criminal prosecution and a wrongful death civil lawsuit: A extremely high standard for the prosecution to meet is the requirement that the state or federal government prove the defendant’s guilt “beyond a reasonable doubt” in criminal court. A plaintiff in a civil case merely needs to show that the defendant was at fault “by a preponderance of the evidence,” which means that it is more likely than not that the defendant caused the death. However, it is possible for a single incident to give rise to both criminal accusations and a wrongful death claim: When facing criminal charges for the same death, a defendant may still be sued in civil court for wrongful death.

Additionally, compensation may be given for “conscious suffering” that the deceased endured as a result of the disease or injury that led to their demise. Any compensation for pain and suffering becomes property of the estate of the deceased. (Mass. General Laws Ann., Chapter 229, Section 6 (2021))

In a Massachusetts wrongful death case, punitive damages may also be sought, but only if the court determines that the death was brought on by “malicious, intentional, wanton or reckless behavior” or gross negligence. Punitive damages are not intended to make up for the loss of the deceased individual experienced by the family or the estate, in contrast to damages for lost wages, care, suffering, and burial costs. Instead, they’re meant to punish the offender and discourage others from acting in a similar way in the future.