Losing a loved one due to someone’s negligence and recklessness is one of the most tragic experiences for a family. Pursuing a wrongful death claim is the only way to seek justice in such situations.
When your world is falling apart, having an experienced attorney by your side can offer solace. If you’re uncertain about how to choose the right attorney, this guide is for you. Here are nine questions you should ask when hiring a wrongful death attorney:
1. What is Your Experience in Handling Wrongful Death Cases?
The first thing you should do is inquire about a lawyer’s experience in handling wrongful death cases. A competent wrongful death attorney will give you a rough number and mention the types of cases they’ve handled, such as medical malpractice, car accidents, and premises liability. This will help you assess their expertise and track record.
A wrongful death attorney with years of experience in the field will have extensive knowledge of state laws, anticipate potential challenges, and create effective strategies. They will also have established relationships with industry experts, maximizing your chances of success.
2. What is Your Success Rate?
While it is recommended to judge the competence of a lawyer based on their training and experience, having a specific number or percentage of successful cases offers peace of mind. The success rate indicates an attorney’s ability to negotiate for favorable outcomes.
Remember that the success rate depends on various factors, such as the complexity of the case and the attorney’s approach toward settlement and trial. A confident wrongful death attorney won’t hesitate to give you exact figures. Hire an attorney who has a comfortable success rate in cases similar to yours.
3. What are the Financial Costs of Filing a Wrongful Death Lawsuit?
Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they win your case. The contingency fee is the percentage of the settlement amount. Clarify what percentage of the settlement your lawyer will take to avoid any surprises in the future.
To fully understand the financial commitment, inquire about court-related fees, such as filing fees and expert witness fees.
4. What are the Strengths and Weaknesses of My Case?
Once you have assessed the competence and experience of a wrongful death attorney, ask questions directly related to your case. Ask the attorney to determine the strengths and weaknesses of your case.
For instance, if your loved one passed away in a motor vehicle accident in Las Vegas, multiple factors will increase and decrease your chances of compensation. If there is clear evidence of negligence, such as dashcam footage or eyewitness testimonies, your case becomes stronger. On the flip side, if your loved one had a pre-existing health condition, the defense might argue that the accident wasn’t the sole reason for the death.
A competent Las Vegas wrongful death lawyer will deeply study your case and highlight strengths and weaknesses.
5. What is the Estimated Compensation Value of My Case?
Having an estimated compensation value can help you manage expectations. The compensation value typically depends upon the following factors:
- Economic damages, such as medical expenses and funeral costs.
- Clear and well-documented evidence.
- Insurance policy limits.
An expert wrongful death attorney will also assess your loved one’s age, health condition, and the circumstances of the accident, before giving you an estimate. Keep in mind that this estimate is not a guarantee of the final settlement amount.
6. Will I be Compensated for Non-economic Damages?
Non-economic damages are a critical part of wrongful death lawsuits. In most U.S. states, including Florida and Nevada, surviving family members can recover non-economic damages, such as:
- Loss of companionship and consortium
- Emotional distress and suffering
- Loss of parental guidance
- Decreased quality of life
Compensation for non-economic damages depends upon your relationship with the deceased and the gross negligence of the at-fault party. Many attorneys use expert testimonies and psychological evaluations to help establish the full extent of your loss. Ask your lawyer to explain how non-economic damages are determined in your state.
7. What Documents Do I Need to Provide?
Next, ask about the documents you need to provide for filing a claim. A wrongful death attorney will typically ask for the following documents:
- Death certificate of the deceased.
- Medical records of the deceased.
- Financial records of the deceased.
- Witness statements, if applicable.
- Police reports filed after the accident, if any.
- Communication records, such as Emails or messages that provide evidence related to the case.
Having clear proof of negligence and recklessness will accelerate the process of lawsuit filing and give your attorney the time to collect any missing evidence.
8. Who Will be Handling My Case?
If you’re working with a law firm, it is essential to clarify who will be personally taking care of your case. Many law firms assess the complexity of a case to decide whether to delegate it to a senior attorney or a junior associate.
In most cases, a team of attorneys works on a case taking care of different responsibilities. Nonetheless, make sure you have direct contact with the attorney running point. A reliable law firm will explain the decision-making process and reassure you that your case will receive personal attention.
9. Do You Have Trial Experience?
Most wrongful death lawsuits are resolved through negotiation and settlement. However, if the opposing party’s insurance company fails to give a fair settlement, your lawyer should be ready to pursue litigation.
Make sure your attorney has a strong track record in handling jury trials and securing favorable verdicts. If your lawyer doesn’t have courtroom experience, they might convince you to settle for a lower compensation. A competent wrongful death attorney will make sure you have the strongest representation during negotiation and trial.
Final Thoughts
Losing a loved one is emotionally and financially challenging. Dealing with legal matters while you’re grieving can feel overwhelming. Hiring a wrongful death attorney can take some load off your shoulders and hold the person responsible for the death of your loved one.
Take the time to evaluate your options and ask the right questions to hire the best attorney for your case.