When choosing a wrongful death attorney for a potential claim, it’s important to investigate and ask questions about that attorney’s experience in handling similar cases in the past. You want to be sure you’re working with someone with experience, and that they can detail what you can expect as a case unfolds.
Wrongful death claims are also usually brought very soon after a tragic event takes place, so any good attorney who oversees wrongful death cases should exhibit compassion, understanding, and honesty.
Red Flags to Watch Out For
What you want to look out for is someone who promises an outcome and gives you false guarantees. They might say something like, “Based on what you told me, we’re going to be able to do this and we’re going to be able to accomplish that, and we’ll do it in 3 months or 6 months and you’re going to get ‘x’ amount of money.”
In truth, no one’s that good. No one can predict the future or know the hurdles that will come in a case. You want to avoid hiring someone who is promising you something just to get the case. Ask difficult questions. Expect responsive answers and then make a decision. There are lots of plaintiff’s attorneys out there who want to take a wrongful death case, but there are fewer who will handle it in a way that will make the person feel cared for and respected.
Finding the Right Balance
When looking for a wrongful death lawyer, you’ll want to ask questions and find someone who supplies satisfactory answers and will have your best interests at heart. They also should be compassionate while remaining an aggressive advocate for your position and your case.
But you don’t want a cheerleader. You don’t want someone who won’t tell you the truth. You want an attorney who will provide information that is accurate and honest with an eye toward what the realistic expectations of your case are.
There are plenty of attorneys out there who want to take a wrongful death case and will promise the sun and the moon without realistically and honestly evaluating the evidence. When choosing wrongful death lawyer, you want to look for someone who will tell you the truth, aggressively pursue the case, and make you feel confident that you’re being looked after at a time when you’ve recently lost someone so important to you.
Essential Questions to Ask During Your Initial Consultation
Here are some key questions to ask as you work toward selecting a wrongful death attorney:
- What is your experience in handling wrongful death claims?
- What are you going to do with my case? What is your plan?
- How will this progress?
- What are the reasonable expectations for this case?
- What are the various stages of a wrongful death claim? What can I expect to happen first, second, and third?
- How long might this case last?
- How involved will I need to be? How involved will my kids need to be? How involved will other parties need to be?
- Who are you going to contact? Who are the witnesses in this case that you will involve to help prove liability?
- What is my case worth?
- What are the possible outcomes?
Medical malpractice case? Ask how many medical malpractice wrongful death cases the attorney has handled.
Product liability case? Ask specifically how many product malfunction cases resulting in death that attorney has managed.
Now, if you ask the question, “What’s it worth?” and the attorney tells you, “I think it’s worth ‘x’ number of dollars,” you might want to look somewhere else because no attorney in initial consultation should be giving you an exact amount for what your case is worth.
Ultimately, in addition to answering the above questions, any wrongful death attorney you choose should be telling you, “This is what we’re going to do to investigate your claim, and if there’s a claim to be made, we’re going to aggressively pursue it.”
Ongoing Communication Matters
But it’s not just the initial consultation. You should continuously ask the attorney what you can expect and how they will communicate with you to fill you in on the progress of your case.
It’s really about just becoming satisfied and comfortable that an attorney is not simply selling you a bill of goods, but is instead providing you information that is accurate, useful, and backed by compassion.
Key insight: Effective communication between you and your attorney is fundamental to successfully navigating legal issues, and helps you better connect with investigators and other experts who can help with your case.
The guiding principle is that any lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client’s best interests.
Trust Your Instincts When Choosing a Wrongful Death Lawyer
Selecting the right wrongful death attorney is one of the most important decisions you’ll make during an incredibly difficult time. The attorney you choose should combine legal expertise with genuine compassion, provide honest assessments rather than empty promises, and maintain clear communication throughout your case.
Take your time during initial consultations, ask tough questions, and pay attention to how attorneys respond. The right attorney will earn your trust through transparency, demonstrated experience, and a commitment to fighting for the justice your family deserves.