Losing a loved one due to someone else’s negligence is devastating, and filing a wrongful death claim can feel overwhelming. The wrongful death claims are primarily a personal injury lawsuit, but there’s more complications to it. People usually get confused about the questions to ask before hiring a wrongful death attorney.
We understand this, so, we’ll clear out all your doubts in this detailed guide. If you want to ensure you receive fair compensation and justice for your loved one’s death, hiring a wrongful death attorney with the right experience is essential.
15 Questions to Ask Before Hiring a Wrongful Death Attorney
You can choose the right one only by asking the right questions before hiring a wrongful death lawyer. Your decision can make all the difference in the outcome of your case. Below are 15 crucial questions to ask, along with why they matter for your personal injury cases.
1. What Experience Do You Have Handling Wrongful Death Cases?
Hiring a wrongful death attorney with extensive experience in wrongful death cases ensures you have knowledgeable legal representation.
Personal injury attorneys handle many types of cases, but wrongful death lawsuits require a deep understanding of personal injury law, non-economic damages, punitive damages, and applicable laws.
A seasoned lawyer will know how to hold responsible parties accountable and handle the legal system effectively.Their experience ensures they can identify the wrongful act and prove it in court during your legal case.
2. What Is Your Track Record With Wrongful Death Lawsuits?
An attorney’s success rate in wrongful death claims is crucial. The right personal injury lawyer should be able to provide information about past cases, including settlement negotiations and verdicts. While past results do not guarantee future success, a proven track record increases confidence in their ability to secure maximum compensation.
If the potential lawyer has already dealt with cases of a deceased person, they can likely do the same for you. So, it’s all about seeing how polished the lawyer really is.
3. What Is Your Approach to Settlement Negotiations vs. Trial?
Some law firms prioritize quick settlements, while others are willing to take cases to court if necessary. It is important to understand your potential attorney’s approach to ensure they will fight for a fair settlement rather than accept an inadequate offer.
You can start by asking how often they take cases to trial and their success rate in court. This gives a clearer image of the case and helps clarify the lawyer’s experience in such cases.
4. What Are the Potential Challenges in My Case?
Each wrongful death case comes with unique legal consequences. A knowledgeable attorney will identify potential obstacles, such as insurance companies disputing liability, lack of expert witness fees, or challenges in gathering evidence.
A transparent discussion about difficulties helps you prepare for the legal process. Moreover, once clients have a clear image, they can handle their wrongful death case accordingly.
5. What Damages Can I Seek in a Wrongful Death Claim?
Wrongful death lawsuits often include economic damages, such as lost wages and medical expenses, as well as non-economic damages like pain and suffering and emotional distress.
Responsible parties must be held accountable for the full extent of damages. The right attorney should clearly explain what compensation you may be eligible to recover.
6. How Do You Handle Communication and Updates?
Wrongful death cases can take months or years to resolve. You need to know how often you will receive updates and who your primary contact person will be.
Ask whether the attorney personally handles phone calls or if a paralegal or another legal professional will be your main point of contact.
7. Do You Work on a Contingency Fee Basis?
Most personal injury attorneys work on a contingency fee basis, meaning you do not pay unless they win your case. Understanding the attorney’s fee structure upfront ensures there are no surprises later. Ask about potential additional costs, such as filing fees, expert witness fees, and other case-related expenses.
The clarification on the fee ensures that you don’t end up with any disagreement later in the process. It also gives you a clearer image of the kind of capital you will need for such cases.
8. How Long Do You Expect My Case to Take?
The duration of a wrongful death lawsuit varies based on the complexity of the case, insurance company tactics, and court schedules. A seasoned lawyer can provide an estimated timeline based on similar cases they have handled.
Why does this matter? Well, knowing what to expect helps surviving family members prepare for the legal process. It also reduces the chances of unwanted surprises during the court process and makes the whole experience much more streamlined.
9. Who Will Be Handling My Case?
Some law firms assign wrongful death cases to junior attorneys or legal assistants. When hiring a wrongful death attorney, ensure that an experienced attorney, rather than an associate with limited experience, will handle your case personally.
Additionally, ask about their role in your case. This includes whether they will be your main point of contact or if communication will be filtered through paralegals. It is crucial to know who will be responsible for making key legal decisions regarding your wrongful death claim.
10. What Legal Strategies Will You Use to Strengthen My Case?
Wrongful death lawyers should have a clear plan for seeking justice. Whether it involves gathering evidence, working with expert witnesses, or proving liability in medical malpractice or workplace accidents, a strong strategy is crucial.
Ask how they plan to establish fault and prove damages. A knowledgeable attorney will explain their approach to proving negligence, identifying responsible parties, and maximizing compensation. They should also discuss how they intend to handle insurance companies and any potential defenses that might be used against your case.
11. Can You Provide References From Past Clients?
Past client testimonials offer insight into an attorney’s success in handling wrongful death cases. A good wrongful death lawyer should have positive reviews and client satisfaction stories that demonstrate their ability to handle wrongful death claims effectively.
Moreover, ask if they have handled cases similar to yours and how those cases were resolved. Speaking with past clients can help you gauge their professionalism, communication skills, and ability to secure fair compensation for surviving family members.
12. Do You Have Experience With Cases Similar to Mine?
Each wrongful death case is unique. Whether the case involves car accidents, workplace accidents, or medical malpractice, the right attorney should have experience with similar circumstances surrounding your case.
This ensures they understand the legal details and the issues involved. It is important to hire an attorney who has successfully litigated cases with similar fact patterns and challenges.
Their experience will provide valuable insight into how to handle insurance companies, handle settlement negotiations, and present a compelling case in court if necessary.
13. How Do You Determine the Value of a Wrongful Death Case?
Calculating fair compensation in wrongful death claims involves considering medical bills, funeral expenses, lost wages, and emotional distress. A knowledgeable attorney will assess economic and non-economic damages to seek a fair settlement that reflects the full extent of your loss.
They should explain how they calculate damages and what factors influence compensation amounts. Additionally, they should discuss potential punitive damages if the wrongful act was particularly egregious.
Understanding how your claim is valued can help set realistic expectations and ensure you receive maximum compensation.
14. What Is the Likelihood of the Responsible Parties Facing Criminal Charges?
In some wrongful death cases, responsible parties may also face criminal charges, especially in cases involving gross negligence or intentional harm. Ask your attorney how a criminal case may impact your wrongful death lawsuit and if it could affect your ability to recover damages.
Remember, a wrongful death claim might be a civil matter, but a parallel criminal case could provide additional evidence to support your lawsuit. An experienced attorney will explain the legal consequences of both proceedings and how they may intersect in your pursuit of justice.
15. How Do I Begin the Legal Process?
The first step in filing a wrongful death claim is scheduling an initial consultation with a wrongful death lawyer. They will review the circumstances surrounding your case, explain your legal options, and outline the next steps in seeking compensation.
Many law firms offer a free consultation to help potential clients understand their rights. During this consultation, you should provide any relevant documentation, such as medical records, accident reports, or correspondence with insurance companies.
After all, a knowledgeable attorney will guide you through the process and ensure that your claim is filed within the required legal deadlines.
Final Thoughts
Hiring a wrongful death attorney is a critical decision that requires careful consideration. By asking these 15 essential questions, you can ensure you choose the right attorney to represent your family’s best interests. The legal system can be complex, but with a knowledgeable attorney by your side, you can seek justice and obtain the compensation you deserve.
Get Help With BLG Wrongful Death Lawyers Now
A wrongful death case is already very traumatizing and the last thing the affected parties need is more complications. Therefore, we recommend taking help from our experts at Bourassa Law Group. We’ll ensure you get the quickest and the most deserving settlement for your case.
All you need to do is connect with us and let us know what you are looking for. Our professionals will take care of the rest. You can check out our areas of practice, and choose the specific case that you’re having trouble with. We’re here for you!
1-800-870-8910