The loss of a loved one is devastating, especially when their death was preventable or caused by someone’s actions or negligence. Surviving family members are left to pick up the pieces, which may include seeking justice with the help of a wrongful death attorney.
However, many people aren’t sure where to begin in this legal process or what a good attorney looks like during an initial consultation. Knowing what questions to ask a wrongful death attorney can help you find capable representation for cases like yours.
These are some of the questions you need to ask, as well as how to find a wrongful death attorney you can trust.
How To Find a Wrongful Death Attorney
If you can’t find personal referrals, you may need to find a wrongful death attorney in your area. You might be tempted to go with the first name you find online, especially when you’re dealing with grief immediately after a loved one’s passing. We recommend being more careful when choosing an attorney. Read their website, look at client reviews, and schedule an initial consultation to discuss your case.
During your appointment, you have the opportunity to ask questions, where you can gauge:
- Whether they can properly represent you during negotiations or, in worst cases, in court
- Whether they protect your interests
- Whether they will treat you and your family with respect during this emotionally
What Questions To Ask a Wrongful Death Attorney
If you’re unsure how to find a wrongful death attorney during a difficult time, schedule consultations and treat them as a real interview for potential attorneys. These wrongful death questions help determine whether they are prepared, transparent, and aligned with your goals.
Request a free initial consultation with McGinity Law Firm today. We’re happy to answer these questions and other concerns you have about your case.
About Your Case
These are the standard questions that help you understand whether you may have a viable claim and what the attorney will need from you:
- Does my case fall within the statute of limitations? Unlike other areas of personal injury law that have a statute of two years, Louisiana’s wrongful death statute of limitations is one year after the victim’s death.
- Based on what I’ve shared, do you believe this may qualify as wrongful death? They should be able to explain to you what wrongful death is. If they’re able to explain it to you without confusing legalese, it shows that they take steps to help you understand.
- Who might be legally responsible in this situation? They can explain whether you (as a spouse, child, or parent of the deceased) have a case against the responsible individuals, employers, or companies.
- Is this a strong case? What additional evidence may be needed to make it stronger? Attorneys can’t guarantee specific outcomes, but they can explain which documents are needed to strengthen your case.
- What should we avoid doing or saying while the investigation is ongoing? This is a sign that they have prior experience in handling wrongful death cases. Mistakes, such as recorded statements to insurers without your attorney present, can affect your claim.
About the Value of Your Claim
Money is an uncomfortable subject to tie to a loved one’s death. The compensation you are entitled to holds the other party accountable, addressing the financial and emotional consequences left behind, especially if your loved one was a breadwinner.
While we can hope for the best outcomes, you need an attorney who provides realistic answers to your wrongful death questions.
- What types of damages may be available in a wrongful death claim? You may be entitled to three types of damages: economic (such as medical bills, funeral expenses, and loss of income), non-economic (pain and suffering, emotional anguish, loss of companionship and support), and punitive (to punish and deter the behavior of the other party).
- How do you evaluate the value of a case like ours? While attorneys can’t guarantee outcomes, they can provide estimates based on prior cases, multipliers, and other areas of legal expertise.
- What factors typically increase or decrease settlement value? It depends on how strong your case is. They may list evidence of clear liability, including credible witnesses, insurance limits, employment history, dependents, and the nature of the loss.
- How do you handle situations where insurance coverage may be limited? Some wrongful death claims may involve negotiating with insurers in high-stakes cases.
- How much are your fees? Wrongful death attorneys work on a contingency basis and are only paid a percentage of the settlement amount. Your attorney should be transparent about their percentage and any additional fees they may charge.
About the Process
Wrongful death cases involve investigation and negotiation. While most cases are settled out of court, you need to be prepared for potential litigation. The process can feel long, and families benefit from knowing what to expect.
- What are the major steps in a wrongful death case? Your attorney should be able to give you a general map of the process.
- How long do these cases typically take, and what affects the timeline? After reviewing the facts, they should give you a realistic timeline. Most cases can take up to two years, though more complex, high-stakes cases take longer.
- Will you be handling our case personally? Larger firms may have a junior associate doing most of the work under a senior attorney’s supervision. Smaller, established firms have a senior attorney and their team personally handling cases.
- What happens if the other side denies fault or refuses a fair settlement? When negotiations fail, you need to know that your attorney is ready for litigation, depositions, and defending you in court.
Some families also ask about tools such as a wrongful death deposition outline and a structured preparation plan in case you have to provide testimony. While each case differs, they should explain how they prepare clients, what questions may arise, and how they help families avoid being overwhelmed during testimony.
About Their Experience and Track Record
You need to ask wrongful death questions that showcase their competence and relevant experience:
- How many wrongful death cases have you handled, and what types? Do they have experience with your particular case, such as car accidents, workplace incidents, or medical-related cases? What outcomes have they achieved?
- Have you taken wrongful death cases to trial when necessary? This question confirms that they gather enough evidence and are prepared to take your case to court if needed.
- Who else will be working on my case? A good lawyer has a team of trusted paralegals, investigators, and other staff assisting them.
- What do you see as the biggest challenges in our case right now? This question shows that they are transparent about the potential outcomes of your case. For example, the other party may claim comparative fault or pre-existing issues.
- How do you respond to insurance tactics like delay, lowball offers, or attempts to shift blame? An experienced attorney would have handled situations like these before and would know how to do so in a way that protects your interests.
Ask Our Team the Right Questions
Choosing representation for a wrongful death case isn’t easy, but the right attorney will protect your time and guide your family through the process. Don’t hesitate to contact various attorneys and ask practical questions. Pay attention to how clear their answers are, how they’re willing to explain things further if you’re confused, and how professional they are when discussing your case.
McGinity Law Firm is here to answer any questions you have about your case. If your family is considering a wrongful death claim, contact us to request a free consultation.