When a person dies in an accident that they did not cause ; their death can be considered  a wrongful death. Another party caused  the victim’s death via negligence or irresponsible behavior. When a wrongful death happens, the victim’s family may file a wrongful death claim against the negligent party’s insurance provider to pursue financial settlement for their loss.

Who May Pursue Damages In A Wrongful Death Claim?

In Boston, individuals dependent on the deceased  may seek a financial settlement through a wrongful death lawsuit. According to  our experienced team of wrongful death attorneys in Boston, people in the following categories can typically pursue settlement:

  • The victim’s spouse;
  • The victim’s children;
  • The victim’s parents;
  • Any other person quoted in the victim’s will who can confirm that they relied financially on the victim.

People in each classification above are not automatically qualified to pursue financial compensation merely by being linked to the victim – the petitioner must demonstrate that they were dependent on the deceased.

In many circumstances, a victim’s parents may not pursue a wrongful death lawsuit unless they can prove  that the victim supported them somehow. The petitioner’s age is also important  when the petitioner is the victim’s child. Minor  and young adult children  are usually much  more likely  to successfully obtain a settlement than petitioners over 25 because of the presumption that by 25, a person is self-supporting.

Which Kinds Of Damages May A Plaintiff Seek?

In a wrongful death lawsuit, the plaintiff is authorized to pursue a financial settlement to cover any type of support the victim supplied to them. This even involves  damages  that might not be readily  apparent, like emotional pain.

The damages  that a wrongful death plaintiff may aim to incorporate:

  • For medical expenses – If the plaintiff received  medical care just  before their death or died due to medical malpractice , the victim’s family may pursue a financial settlement for the medical assistance rendered, such as prescription drugs and hospitalization.
  • For emotional distress – Wrongful death lawyers may share in the initial consultation that any individual who suffers significant emotional trauma following a loved one’s death may seek monetary compensation to cover the economic costs of such trauma, such as the need for psychological counseling or antidepressant medication. This  can also include compensation for the victim’s child for losing their parent’s companionship and guidance.
  • For funeral expenses – The party or parties who paid for the victim’s funeral and related services may seek monetary compensation for these costs through a wrongful death claim.
  • For Loss of the Victim’s Estate – Any individual poised to receive an inheritance from the victim may file a claim to receive monetary compensation for this loss.
  • For Projected Loss of Income – If the victim worked and contributed financially to their household, their dependents may seek compensation for this loss of financial support.


If you have lost a loved one through an accident due to someone else’s negligence, a wrongful death settlement can allow you to overcome the monetary struggles caused by their loss. Working with a reputable wrongful death lawyer in Massachusetts can help you understand your legal options, seek compensation, and hold those who caused your loved one’s death responsible.

Do you want to know more about a Boston wrongful death attorney? Call Swartz & Swartz at (617) 742-1900, or toll-free at 1-800-545-3732.



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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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