Losing a loved one is never easy, but losing a loved one due to someone else’s negligence or recklessness can be especially devastating. When someone dies unexpectedly in an accident, it can leave the surviving family members with many questions, including who is responsible for the accident and how to hold them accountable. 

That’s where an accidental death lawyer comes in. In this article, we’ll discuss how a lawyer’s perspective can help uncover liability in accidental death cases.

What is Liability in Wrongful Death Cases?

Liability refers to legal responsibility for a wrongful act that caused harm to someone else. For example, in accidental death cases, liability means identifying who is responsible for causing the accident that led to the person’s death. Liability can be shared among multiple parties or can be solely attributed to one party.

For example, if someone dies in a car accident, liability could be attributed to the driver who caused the accident, the manufacturer of a faulty car part, or the local government agency responsible for maintaining the roads. 

Determining who is liable in a wrongful death case is crucial because it impacts who can be held legally responsible for the damages and compensation owed to the surviving family members.

How a Wrongful Death Lawyer Uncovers Liability

Wrongful death lawyers are experienced in handling such cases and fully understand the legal principles that apply. They work closely with their clients to investigate the accident, gather evidence, and identify who may be liable for the death.


The first step in uncovering liability in an accidental death case is to conduct a thorough investigation. This involves gathering evidence from the accident scene, interviewing witnesses, reviewing police reports, and obtaining relevant information to help build a case.

A lawyer will also work with experts in various fields, such as accident reconstruction specialists, to help determine the cause of the accident and who may be liable. They will also review any medical records related to the accident to determine the extent of the injuries sustained by the victim before their death.

Determining Negligence:

In order to establish liability in wrongful death cases, the lawyer will determine whether the responsible party was negligent. Negligence is a legal concept that refers to a failure to exercise reasonable care which results in harm to  another person.

To prove negligence, the lawyer will demonstrate that the responsible party had a duty of care to the victim, breached that duty of care, and that that breach caused the victim’s death. For example, in a car accident case, the responsible party may have breached their duty of care by driving under the influence of alcohol or texting while driving, which ultimately caused the accident that led to the victim’s death.

Evaluating Liability:

Once negligence is established, the lawyer will evaluate the liability of each potentially responsible party. Liability can be shared among multiple parties, depending on the circumstances of the accident. For example, if the victim was killed in a workplace accident, liability may be shared between the employer and a third-party contractor.

Pursuing Legal Action:

Finally, a lawyer will pursue legal action on behalf of their client. This may involve filing a wrongful death lawsuit against the responsible party or parties to seek compensation for the damages incurred by the victim’s surviving family members.

Damages in wrongful death cases can include funeral expenses, medical bills, lost income, and pain and suffering. The lawyer will work with the family members to determine the appropriate damages to seek based on their specific circumstances.


Q-What kind of accidents can be considered an accidental death case?

A- Accidents that result in death can be caused by various factors, including car crashes, workplace accidents, defective products, medical malpractice, and premises liability. In addition, any incident that results in death due to someone else’s negligence, recklessness, or intentional wrongdoing may qualify as an accidental death case.

Q- What is the role of a lawyer in an accidental death case?

A- A lawyer representing the plaintiff in an accidental death case will investigate the incident, gather evidence, and build a case to prove liability. In addition, the lawyer will work to hold the responsible parties accountable and seek compensation for the victim’s family or estate.

Q-Who can file an accidental death case?

A- The family or estate of the deceased person can file a wrongful death case. Depending on the state’s laws where the accident occurred, the surviving spouse, children, or parents may have the right to file the case.

Q- What compensation can be sought in an accidental death case?

A- The compensation that can be sought in an accidental death case may include medical expenses, funeral and burial costs, lost income, loss of companionship, and pain and suffering. The compensation awarded will depend on the circumstances of the case and the damages suffered by the victim’s family or estate.

Q- How long do I have to file an accidental death case?

A- The statute of limitations for filing an accidental death case varies by state, but in Massachusetts, it is three years from the accident date. Therefore, consulting with a lawyer as soon as possible is essential to ensure that the case is filed within the appropriate time frame.

Q-What happens if the responsible party denies liability?

A- If the responsible party denies liability, the case may proceed to trial, where a judge or jury will determine whether the party is responsible for the death. A skilled lawyer will present evidence and arguments to prove liability and seek compensation for the victim’s family or estate.

Q-How can I find a lawyer for an accidental death case?

A- You can find a lawyer for an accidental death case by researching and contacting wrongful death law firms specializing in personal injury or wrongful death cases. Choosing a lawyer with experience and a track record of success in handling accidental death cases is essential.

Boston’s top legal firm specializing in wrongful death cases empowers you to seek justice

Uncovering liability in accidental death cases is a complex process that requires an experienced and knowledgeable lawyer. Lawyers play a crucial role in helping the surviving family members of the victim obtain justice and compensation for their loss and in ensuring that those responsible for the accident are held accountable for their actions. If you have lost a loved one due to someone else’s negligence, contact Swartz & Swartz to schedule a consultation. Our services operate on a contingency basis, which means you will only be charged if you win your case. Our team of skilled wrongful death lawyers will handle your case and assist you in obtaining the compensation you deserve.

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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