The underlying premise of the body of law known as “negligence” is that those who breach a duty to those whom such a duty is owed should be held financially liable for the foreseeable consequences of their action (or inaction, as the case may be).
This means that, in a Massachusetts wrongful death lawsuit, the plaintiff has the duty of proving all four elements of negligence (duty, breach of duty, damages, and causation) by a preponderance of the evidence.
Typically, the arguments at trial revolve around whether a duty was breached and, if so, how money the plaintiff should be awarded for his or her losses. However, sometimes the parties disagree as to whether the defendant owed a legal duty to the plaintiff under the circumstances of the case. In such a situation, it is up to the courts to decide.