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Are You Eligible to file for a Wrongful Death Lawsuit? Here’s Everything You Need to Know

Are You Eligible to file for a Wrongful Death Lawsuit
In: Law

In situations where someone’s demise is caused by third-party negligence or misconduct, particularly in a drunk driving accident or a botched surgical operation, the victim’s family is eligible to file a wrongful death lawsuit. Unfortunately, it cannot bring your loved one back, but still, it can secure a degree of justice on their behalf. Also, you receive financial security for the loved ones left behind. 

The foremost thing is to consider having a dedicated Boston wrongful death attorney with years of experience in personal injury cases and who is well-versed in handling similar death claims. To know more, an initial consultation would be favorable enough. So let’s go ahead with learning more: 

What is a Wrongful Death Lawsuit? 

Typically, it is a type of personal injury claim in which the victim’s family or relative can seek compensation for loss from whosoever is responsible for a family member’s death. For example, if you can make it evident that your family member died due to someone else’s misconduct or intentional act, you can seek compensation for your loss. Some usual reasons for wrongful deaths can be:

  • Defective products 
  • Motor vehicle accidents 
  • Intentional killings and assaults 
  • Slip and fall accidents
  • Medical malpractice or negligence

Like every other personal injury lawsuit, wrongful death cases also rely on negligence or infrequent circumstances such as an intentional act. To prove a case committing negligence, you may have to prove that the liable party had an obligation to take appropriate care to avoid harming your family member. Examples of negligent acts could be negligence while driving or failing to maintain a safe workplace. Suppose you can present enough valid evidence that your family member died due to someone else’s intentional act or negligence. In that case, you can claim financial compensation for your non-financial and financial losses. Again, a professional wrongful death attorney can explain better what you might be able to recover through this lawsuit. 

Top 3 FAQs about Wrongful Death Lawsuits 

Who is eligible to file for a wrongful death case? 

Well, only family members of the deceased can file for a lawsuit. They have to be either surviving partners, children, siblings, personal representatives, or the victim’s parents. 

How difficult is it to prove wrongful death? 

Beyond any question, wrongful death lawsuits can be challenging to prove and win. That is why we have mentioned earlier the necessity of having a dedicated wrongful death attorney in Boston. Yes, you read that right. An expert lawyer can look for and gather required evidence to substantiate your claims, such as medical records, accident reports, eyewitness testimony, expert witnesses, etc. 

How can one determine the settlement amount of a wrongful death case? 

Normally, wrongful death case settlements are based on the value of economic and non-economic losses linked to the death of a family member. For instance, it could be the lost income, lost future wages, loss of emotional care and support, funeral/burial costs, and even other financial benefits. 


Without any doubt, handling a wrongful death lawsuit or filing a claim is not as easy as it seems. Definitely, there’s a lot more than one can expect. That is why it is always a wise move to have a dedicated wrongful death attorney by your side to help and advocate for you throughout the entire process. 



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