The loss of a beloved one can be deeply challenging, particularly if the cause of death of your adored one is a consequence of a third individual or party’s negligence. In these circumstances, pursuing the help of a reputable Boston wrongful death lawyer becomes indispensable. A proficient attorney will assist you in filing a civil lawsuit against the negligent individual, holding them accountable for the circumstances that led to the family member’s death.

During a wrongful death lawsuit, you will pursue legal damages from the negligent party. Unfortunately, numerous individuals have inadequate knowledge of what damages are and how they function. Let’s take a moment to look at the fundamentals of legal damages. Also, we will help you understand how they are calculated out and how a lawyer can help you.

What Are Lawful/Legal Damages?

Typically, damages are a monetary payment provided to a plaintiff in a civil lawsuit to cover losses associated with death or injuries. Two types of damages may be pursued in civil claims – compensatory and punitive damages. Let’s go into each type in detail.

  • How are Compensatory Damages Determined? 

These damages are intended to substitute for any financial or material losses related to a family member’s death. For example, funeral expenses, the expense of medical upkeep before the loss of your family member, lost wages from the loved one, emotional pain and sorrow, and harm to property in the accident that led to a loved one’s death. As you can notice, the scope is fairly broad. 

So let’s get on with learning how to compute compensatory damages. 

Since these particular damages are connected to recorded casualties, a receipt, bill, or payment trail can help decide the sought amount. This might be medical bills, repair receipts, or an invoice from a grief counselor or therapist, perhaps even a statement from a funeral home. While we mention credit cards and bank statements, hold onto all bills. Lawyers can go over bills or pay stubs from the deceased regarding lost earnings. They can evaluate future income that will no longer be acquired and defined as a reasonable income amount to cover expenses in these numbers. Possible job promotions can also be regarded in these calculations.

  • How do Punitive Damages Work? 

These damages go beyond the spectrum of compensatory damages. Given how egregious the injuries were, punitive damages are intended to punish the negligent group for their acts. Recognize that these damages are not always pursued in wrongful death lawsuits. For example, if a physician’s surgical mistakes or delayed diagnosis were seriously harmful, then these damages could be pursued. The same is true for neglect shown by a trucking business in pushing their drivers to function long hours without rest, leading to driver exhaustion and a deadly crash. 

Here’s how to calculate punitive damages. 

As punitive damages are not related to factual material casualties, they will require evaluation based on the information of the event itself. The grand jury may consider eyewitness testimony and the proof in the lawsuit. They may also examine lawsuits with similar circumstances.

  • How Our Personal Injury Law Firm Can Help? 

Wrongful death lawsuits can be tedious and emotionally exhausting. Hiring a dedicated attorney means working with an expert individual who will do the lawful legwork while offering expert guidance. Since your best interests are in mind, you and your family can concentrate on mourning and moving along. This ease of mind can be valuable during such a tough time.  


Want to learn more regarding wrongful death lawsuits? For additional details about our legal solutions following the death of a beloved one, feel free to contact Swartz & Swartz, P.C. lawyers. We are here to assist you in your time of legal need. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732.


Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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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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