Massachusetts Jury Instruction - 3.3 Life Expectancy Of Decedent
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You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
A wrongful death suit in Massachusetts allows a potential award of damages for the emotional harm done to the victim's family. These types of ?non-economic? damages compensate the victim's family for the loss of companionship, love and affection that they will suffer as a result of the victim's death.
Gen. Laws Ann. ch. 229, § 2 states that a "wrongful death" is a death caused by negligence, a "willful, wanton, or reckless act," or breach of warranty.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
Pain and Suffering Victims who survive injuries caused by personal negligence often sue for the physical, mental, and emotional trauma they experience as a result of the accident or injury. Those who file wrongful death suits for their cases may receive financial awards for their pain and suffering on their behalf.