Wrongful Death from Covid-19 in Massachusetts
According to the Centers for Disease Control and Prevention (CDC) over 400,000 deaths are attributed to Covid-19 in America since January 2021. Over 14,000 of these deaths took place in Massachusetts. These statistics are revealing because logically, some if not many of these deaths may be caused by negligence.
The rising concerns and casualties surrounding the Covid-19 pandemic will result in rising wrongful death lawsuits over time. Given this, it’s important to get current information about wrongful death from Covid-19 in Massachusetts for yourself and your loved ones.
If you have a loved one that suffered a wrongful death from Covid-19 in MA and are seeking clarity about what to expect when filing a Covid-19-related wrongful death lawsuit, the regrettable truth is that this is still new and ever-changing territory. As long as Covid-19 continues to wreak havoc on our way of life then laws, standards and regulations will continue to change. That is why seeking counsel from our experienced Covid-19 personal injury attorneys in Massachusetts can provide you with the clarity you need in these uncertain times.
Reasons for Wrongful Death Suits from Covid-19?
There are many reasons wrongful death lawsuits are filed. From negligence in nursing homes to substandard conditions in the workplace, court actions are filed to seek justice from death at the hands of carelessness from another person or entity.
If a Covid-19-related death is believed to have transpired at the workplace, many spouses and family members opt to sue employers directly rather than go through workers’ compensation. The standing rule for job-site injury or death is to file a claim with workers’ compensation to retain a settlement and/or benefits for the loss of a loved one. However, more and more cases are being filed against employers because of neglect because these types of suits can render higher settlements than workers’ compensation claims.
How to Assess a Wrongful Death Suit from Covid-19
With the legal landscape constantly changing as the pandemic continues to ensue, the precedents for a Covid-19 wrongful death suit can vary wildly from case to case. One of the major factors in establishing credence in these cases is proving the death was directly job-related. In other words, there must be sufficient proof that the deceased contracted Covid-19 from their place of employment.
This can be challenging to prove, as OSHA and CDC guidelines for employers have changed since the beginning of the outbreak. Regulations have improved which require businesses to implement stricter illness logs that help prove Covid-19 may have been contracted at the workplace. However, legal investigations and discoveries must delve into the conditions in which the deceased worked to determine if Covid-19 was triggered due to employer negligence.
Basics to Proving a Wrongful Death from Covid-19
Much of the proof required to meet a Covid-19 wrongful death suit is contingent upon who you are suing. If you are seeking a wrongful death suit from a business/employer, the general standards of proof are similar to a personal injury lawsuit. In this instance, proof must show the defendant neglected responsibilities to the deceased by not upholding proper workplace standards or conditions as instructed by authorities such as OSHA, CDC, state and government law.
When an employee retains a job, he or she may be under a contract by the employer that indicates he or she is owed proper employee care. That opens up another layer of proof if the employer is exposed for not honoring the employee-employer contract by failing to provide standard health conditions that protect the employee from illness or death from Covid-19. Additionally, the plaintiff may be able to prove the death would not have happened if the employer had not omitted adequate care or protection to the deceased.
Wrongful Death from Covid-19 in MA
If you feel you are entitled to pursue legal action due to wrongful death from Covid-19, please Contact our workers comp lawyer in Massachusetts today. We are expertly equipped to guide you through the process and give you the clarity you deserve with your wrongful death case.