This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Massachusetts Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Wrongful Death?
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FAQ
In Massachusetts, Punitive Damages in personal injury cases are recoverable only for Wrongful Death resulting from gross negligence and/or willful, wanton or reckless acts.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
Generally, punitive damage awards require a compensatory damage award. There are two types of punitive damages: direct and vicarious. Direct punitive damages are assessed for an insured's wrongful acts. Vicarious punitive damages are imposed against an insured if it is liable for acts of another.
The purpose of punitive damages is to punish a defendant for his or her conduct as a deterrent to the future commission of such act. In Massachusetts, Punitive Damages in personal injury cases are recoverable only for Wrongful Death resulting from gross negligence and/or willful, wanton or reckless acts.
Overview. Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm and losses they've suffered after losing a loved one.
Timely action is important Massachusetts law states that heirs have three years from the time the victim died ? or from the time when the executor was aware of the cause of death ? to sue for wrongful death compensation.
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...