When a person dies due to the negligence, carelessness, recklessness, or intentional misconduct of another, the deceased’s family may have the right to file a wrongful death lawsuit. The family can hire a wrongful death attorney to handle the case in the best way .

The purpose of a wrongful death lawsuit is to provide financial compensation to the family of the deceased for the losses they have suffered due to the death. These losses may include medical expenses, funeral and burial costs, lost wages, and pain and suffering.

What is a  Wrongful Death Lawsuit, Exactly?

A wrongful death lawsuit is a legal action that is brought against an individual, organization, or entity that is believed to have caused the death of another person due to negligence or wrongful conduct. In a wrongful death lawsuit, the surviving family of the deceased can seek compensation for damages such as lost wages, medical expenses, emotional distress, and other losses associated with the death.

Generally, wrongful death lawsuits are civil cases, meaning that they are brought by the survivors of the deceased rather than by the government or by a criminal prosecutor . The purpose of a wrongful death lawsuit is to hold the responsible party accountable for their actions and to seek financial compensation for the losses incurred by the survivors.

Who Can File a Wrongful Death Lawsuit?

Wrongful death lawsuits are typically filed by the surviving family members of the deceased, such as the spouse, children, or parents. It is important to note that a wrongful death lawsuit is not the same as a criminal case, and the wrongdoer may still face criminal charges in addition to any civil action taken against them.

In most cases, the personal representative of the deceased person’s estate is the one who files the lawsuit. The personal representative is typically the executor of the estate, but in some states, the surviving spouse or another family member may also be allowed to file the lawsuit.

How to File a Wrongful Death Lawsuit?

Wrongful death is a tragedy that no one should have to go through, but unfortunately, it happens far too often. Knowing how to file a wrongful death lawsuit can help you seek justice for your loved one, and ensure that their death doesn’t go unpunished. The best way to file a wrongful death lawsuit is to hire a lawyer.

If you’ve lost a  loved one in Boston due to someone else’s negligence, you can hire a Boston wrongful death lawyer to proceed with the case.

Below, we’ll discuss the steps for filing a wrongful death lawsuit, so that you can begin the process of seeking justice for your loved one.

  1. Gather Information: The first step in filing a wrongful death lawsuit is to gather as much information as possible about the incident. This includes the date, time, and location of the incident, any witnesses, police reports, and medical records. This information will help you build a strong case.
  2. Meet With A Lawyer: It’s important to meet with an experienced wrongful death attorney to discuss the specifics of your case. They’ll be able to explain the legal process and advise you on the best course of action.
  3. File The Lawsuit: Once you’ve gathered all the necessary information and discussed the details with an attorney, you’ll be ready to file the wrongful death lawsuit. You’ll need to draft a complaint, which is a document that outlines the facts of the case and the damages you’re seeking.
  4. Serve The Defendant: Once the complaint is filed, the defendant must be served with the documents. This is a legal process that ensures the defendant is aware of the lawsuit and has an opportunity to respond.
  5. Prepare For Trial: After the defendant has been served, you’ll need to prepare for trial. This includes gathering evidence, interviewing witnesses, and understanding the applicable laws. Your lawyer will be able to help you with this process.
  6. Go To Trial: Once you’re prepared, the case will go to trial. During the trial, you’ll present your evidence and witnesses, and the judge or jury will make a decision about whether or not the defendant is liable for the wrongful death.


Filing a wrongful death lawsuit can be a difficult and emotional process, but it’s an important step in seeking justice for your loved one. Following the steps outlined above and hiring a wrongful death attorney will help you navigate the legal system and ensure that your case is as strong as possible.

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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