TL;DR
When meeting with an Arizona wrongful death lawyer, you must ask about their specific experience with similar cases in Arizona, their proposed legal strategy for your claim, their contingency fee structure and all potential costs, and their communication policy. These questions are essential for evaluating their expertise, financial transparency, and commitment to your family’s case. A thorough consultation helps you find an attorney who not only has the right skills but also provides the support your family needs.
Key Highlights
- Verify the lawyer’s experience with Arizona’s wrongful death statutes (A.R.S. § 12-611).
- Understand their track record with both settlements and jury trials.
- Clarify the contingency fee percentage and who pays for case expenses like expert witnesses.
- Ask about their strategy for proving negligence and calculating all potential damages.
- Establish a clear communication plan and identify your primary point of contact at the firm.
- Confirm the firm has the financial resources to fund a complex case through to completion.
Introduction
Losing a family member is a deeply painful experience, and the situation becomes even more complex when the death was caused by another person’s negligence or misconduct. In Arizona, preventable injuries are a significant concern. According to the Arizona Department of Health Services, thousands of residents die each year from unintentional injuries, including motor vehicle collisions, falls, and workplace incidents. When such a tragedy occurs, families are left not only with grief but also with unexpected financial burdens and a need for answers.
The legal framework for these situations in Arizona is specific. The state’s wrongful death laws, primarily outlined in Arizona Revised Statutes (A.R.S.) § 12-611 through § 12-613, dictate who is eligible to file a claim, the types of damages that can be recovered, and the strict time limits for taking legal action. For example, a surviving spouse, child, parent, or the personal representative of the deceased’s estate can file a lawsuit. Understanding these state-specific rules is fundamental to seeking justice and financial stability for the surviving family members.
Choosing the right legal representative is one of the most important decisions a family will make during this time. The initial consultation is more than just a chance for the lawyer to hear your story; it is your opportunity to interview them. Asking direct and insightful questions allows you to gauge their competence, assess their strategy, and determine if their approach aligns with your family’s needs. The following sections provide a structured list of questions designed to help you find a skilled and compassionate advocate who can guide you through the legal process.
Have questions about your case? an Arizona wrongful death lawyer can help.
Questions About the Lawyer’s Experience and Specialization
Not all personal injury lawyers have the specific experience required for a wrongful death claim. These cases involve unique legal standards, different types of damages, and a higher level of sensitivity. You need an attorney who has a proven track record in this specific area of law.
Question 1: How many wrongful death cases have you personally handled in Arizona?
This question goes straight to the heart of their practical experience. An attorney might have handled hundreds of car accident cases, but if only a few involved a fatality, they may lack the specific knowledge needed. Arizona’s laws on evidence, damages, and beneficiaries in wrongful death claims are distinct. You want a lawyer who has worked with these statutes repeatedly and understands how local courts and insurance companies approach these cases.
Question 2: What percentage of your practice is dedicated to wrongful death and catastrophic injury claims?
This helps you distinguish a true specialist from a general practitioner. A lawyer whose practice is heavily focused on severe injury and death cases is more likely to be current on the latest legal precedents, expert witness networks, and defense tactics used by insurance companies in high-stakes litigation. A firm that dedicates a significant portion of its resources to these claims demonstrates a deep commitment to helping families in these specific situations.
Question 3: Can you share examples of past wrongful death cases you’ve managed that are similar to ours?
While every case is unique, the underlying cause of death matters. The strategy for a case involving a commercial trucking accident is very different from one involving medical malpractice or a defective product. Ask for examples that show their experience with the specific circumstances of your loved one’s death. For instance:
- If it was a car accident: Have they handled cases involving drunk drivers, distracted driving, or commercial vehicles?
- If it was medical malpractice: Do they have experience with cases of surgical errors, misdiagnosis, or birth injuries?
- If it was a workplace incident: Are they familiar with claims involving OSHA violations or third-party liability on a construction site?
Hearing about their past work (without revealing confidential client details) gives you a sense of their strategic thinking and their ability to handle the specific challenges your case may present.
Question 4: Are you a Certified Specialist in Personal Injury and Wrongful Death Law by the State Bar of Arizona?
This is a critical question. The State Bar of Arizona offers a special certification for attorneys who have demonstrated a high level of experience, knowledge, and integrity in a specific field. To become a Certified Specialist, an attorney must:
- Have been in practice for a minimum number of years.
- Devote a substantial amount of their practice to personal injury and wrongful death law.
- Receive favorable reviews from judges and other attorneys.
- Pass a rigorous written examination.
An attorney with this certification has been vetted by their peers and the State Bar. It is a strong indicator of genuine expertise and a high standard of professional conduct.
Understanding the Legal Strategy and Case Assessment
A good lawyer should be able to provide a preliminary analysis of your case during the initial consultation. They should be honest about potential challenges and clear about their proposed course of action. Their answers will reveal their analytical skills and whether they are setting realistic expectations.
Question 5: Based on what I’ve told you, what are the primary strengths and weaknesses of our case?
This question tests the lawyer’s ability to think critically and honestly. No case is perfect. A confident and experienced attorney will not just tell you what you want to hear. They will provide a balanced assessment, pointing out the strong evidence that supports your claim while also identifying potential hurdles. These hurdles could include issues with proving causation, shared fault (comparative negligence), or limitations on insurance coverage. An honest answer shows that the lawyer is thinking strategically from the very beginning.
Question 6: Who do you believe is the at-fault party (or parties), and how will you prove their negligence?
In many wrongful death cases, liability may extend beyond one individual. For example, in a truck accident, the at-fault parties could include the driver, the trucking company, the vehicle manufacturer, or even the cargo loader. A skilled attorney will identify all potential defendants to maximize the chances of a fair recovery. Ask them to outline the steps they would take to prove negligence. This process typically involves:
- Gathering police reports and witness statements.
- Preserving physical evidence.
- Hiring accident reconstructionists or engineering experts.
- Subpoenaing company records or medical charts.
- Conducting depositions of key individuals.
Their answer should demonstrate a clear, methodical approach to building a strong foundation for your claim.
Question 7: What is the statute of limitations for our case, and are there any exceptions we should be aware of?
This is a non-negotiable legal deadline. In Arizona, the statute of limitations for most wrongful death claims is two years from the date of the death, as established by A.R.S. § 12-542. If a claim is not filed in court within this period, the family loses the right to seek compensation forever. There are very few exceptions. For instance, if the claim is against a government entity, a “Notice of Claim” must be filed within just 180 days. An attorney must be able to identify the correct deadline for your specific case and explain the urgency of acting promptly.
Question 8: What types of damages can we seek under Arizona law?
Arizona law (A.R.S. § 12-613) allows surviving family members to seek compensation for a wide range of losses. A knowledgeable lawyer should be able to explain these damages clearly. They generally fall into two categories:
- Damages for the Estate: These cover the losses suffered by the deceased person, such as medical bills incurred before death, funeral and burial expenses, and lost wages they would have earned.
- Damages for the Survivors: These compensate the family members for their own personal losses, which can include:
- Loss of financial support and services.
- Loss of companionship, comfort, and guidance.
- Pain, grief, sorrow, and mental anguish.
In cases involving extreme or reckless conduct, it may also be possible to seek punitive damages, which are intended to punish the defendant. The attorney should explain how they would calculate these damages, often with the help of financial experts or economists.
Clarifying Fees, Costs, and Financial Arrangements
The financial aspect of hiring a lawyer can be a source of stress. A reputable attorney will be completely transparent about their fee structure and all potential costs associated with the case. You should leave the consultation with a crystal-clear understanding of the financial arrangement.
Question 9: Do you work on a contingency fee basis? What is your percentage?
Most wrongful death lawyers work on a contingency fee basis. This means you do not pay any attorney’s fees upfront. The lawyer’s fee is a percentage of the total amount recovered, whether through a settlement or a court verdict. If they do not win the case, you owe them no attorney’s fees. The standard contingency fee in Arizona is typically between 33.3% and 40%. Ask for the exact percentage.
Question 10: Does your fee percentage change if the case goes to trial?
Some law firms have a tiered fee structure. For example, they might charge 33.3% if the case settles before a lawsuit is filed, but the percentage may increase to 40% or more if the case proceeds to litigation and trial. This is a common practice because trials require a significantly greater investment of time and resources. Make sure you understand if and when the percentage might change so there are no surprises later.
Question 11: Who is responsible for case expenses, and how are they paid?
This is a crucial distinction. Attorney’s fees are separate from case costs. Case costs are the out-of-pocket expenses required to build and pursue the claim. These can be substantial and may include:
- Court filing fees.
- Fees for serving legal documents.
- Costs for obtaining medical records and police reports.
- Deposition and court reporter fees.
- Fees for expert witnesses (e.g., accident reconstructionists, medical experts, economists), which can run into tens of thousands of dollars.
Ask the lawyer how these costs are handled. Most reputable firms will advance these costs on your behalf and then deduct them from the final settlement or award, after the attorney’s fee is calculated. Confirm this arrangement.
Question 12: Can you provide a written fee agreement for me to review?
Never rely on a verbal agreement. A professional attorney will always provide a detailed, written fee agreement that outlines everything you have discussed. This document should clearly state the contingency fee percentage, how case costs will be handled, and the scope of the lawyer’s representation. Take it home, read it carefully, and do not sign it until you are completely comfortable with all the terms.
The Firm’s Resources and Your Case’s Team
A wrongful death lawsuit is not a one-person job. It requires a team of legal professionals and significant financial resources to stand up to large insurance companies and corporate defendants. You need to be confident that the firm has the capacity to see your case through to the end.
Question 13: Who will be the primary attorney working on my case?
Sometimes, you will meet with a senior partner during the initial consultation, but your case may later be assigned to a less experienced associate. It is important to know who will be your main point of contact and who will be responsible for the day-to-day management of your case. While it is normal for a team to work on a file, you should feel comfortable with the lead attorney who will be making the key strategic decisions.
Question 14: What other staff members (paralegals, investigators) will be involved?
A well-run law firm has a strong support staff. Experienced paralegals are essential for managing documents, communicating with clients, and keeping the case organized. In-house or contract investigators may be needed to gather evidence, locate witnesses, and document the scene of the incident. The presence of a capable team indicates that the firm is well-equipped to handle the logistical demands of a complex case.
Question 15: Does your firm have the financial resources to hire the necessary experts?
Litigating a wrongful death case is expensive. The defense, usually an insurance company, has virtually unlimited resources to fight your claim. Your attorney needs to be able to match their firepower. This means having the financial stability to hire the best experts without cutting corners. Ask them directly if they have the capital to fund your case properly, even if it takes years to resolve. A firm that hesitates to hire a necessary expert to save money is not the right choice.
Question 16: What is your current caseload like? Will you have sufficient time to dedicate to our family’s claim?
You want an attorney who is busy and successful, but not one who is stretched too thin. A wrongful death claim requires significant attention and proactive work. Ask the lawyer how they manage their caseload to ensure that each client receives the focus they deserve. Their answer should give you confidence that your family’s case will be a priority, not just another file on a crowded desk.
Communication and Client Relationship
During a time of grief and uncertainty, clear and consistent communication from your lawyer is vital. A lack of communication is one of the most common complaints clients have about their attorneys. Setting clear expectations from the start can prevent frustration and anxiety.
Question 17: What is your preferred method of communication (phone, email)?
Find out how the attorney and their team prefer to communicate and make sure it works for you. Some people prefer phone calls for important updates, while others prefer the documentation of an email. A good firm will be flexible and accommodate your preferences.
Question 18: How often can we expect to receive updates on our case?
Legal cases can have long periods of inactivity followed by bursts of intense work. It is helpful to know how often you will hear from the firm, even if it is just to say that they are waiting for a response from the other side. Ask if they provide monthly updates or if they only contact you when there is a significant development. Establishing a regular communication schedule helps manage expectations.
Question 19: If I have a question, who should I contact, and what is your policy on returning calls or emails?
You will likely have questions as the case progresses. Know who your primary point of contact is, whether it is the lead attorney or a dedicated paralegal. Ask about the firm’s policy on response times. A reasonable expectation is to have your call or email returned within 24 to 48 business hours. A firm that is committed to client service will have a clear and efficient system for handling client inquiries.
The Process and Expected Timeline
The legal system can seem slow and confusing to those unfamiliar with it. A good attorney will take the time to explain the process, outline the key stages, and provide a realistic (though not guaranteed) timeline.
Question 20: Can you walk me through the typical stages of a wrongful death claim in Arizona?
Ask the lawyer to provide a high-level overview of the journey ahead. This roadmap helps you understand what to expect and when. The typical stages include:
- Investigation: Gathering evidence, interviewing witnesses, and identifying all liable parties.
- Filing the Claim: Sending a demand letter to the insurance company or filing a formal lawsuit in court.
- Discovery: The formal process where both sides exchange information, documents, and evidence. This includes written questions (interrogatories) and sworn testimony (depositions).
- Negotiation and Mediation: Attempts to reach a settlement before going to trial. Most cases are resolved at this stage.
- Trial: If a fair settlement cannot be reached, the case is presented to a judge and jury.
- Appeal: If either side is unhappy with the trial verdict, they may appeal the decision to a higher court.
Question 21: What is a realistic timeline for our case, and what factors could speed it up or slow it down?
No attorney can give you an exact date for when your case will be resolved. However, they can provide a general estimate based on their experience. A straightforward case with clear liability might settle in under a year. A complex case involving multiple defendants or a dispute over liability could take several years, especially if it goes to trial. Factors that can affect the timeline include the court’s schedule, the defendant’s willingness to negotiate, and the complexity of the evidence.
Bonus Question: What do you need from me and my family to build the strongest possible case?
This final question shows that you are ready to be an active partner in the process. The attorney will need your help to gather documents like financial records, photographs, and contact information for potential witnesses. Your cooperation and responsiveness are crucial to their success. Asking this question demonstrates your commitment and helps establish a strong, collaborative relationship from day one.
Get the answers that matter, contact an Arizona wrongful death lawyer today.
Conclusion
Selecting an attorney to handle a wrongful death claim is a decision with profound implications for your family’s future. It is about more than just legal skill; it is about finding a trusted partner who will treat your family with dignity and respect while fighting tirelessly on your behalf. By asking detailed questions about their experience, strategy, fees, resources, and communication style, you can gather the information needed to make an informed choice. This is not the time to be timid. You are entrusting this person with the responsibility of seeking justice for your loved one.
The answers you receive will reveal not only an attorney’s qualifications but also their character and commitment to their clients. Look for a lawyer who is knowledgeable, transparent, and communicative. They should be able to explain complex legal concepts in a way you can understand and provide a clear vision for how they will pursue your case. Taking the time to conduct this thorough interview process is the first and most critical step toward protecting your family’s rights and securing the accountability you deserve.
Arizona’s statute of limitations is strict, and evidence can disappear over time. Do not delay in getting the answers you need. If you are ready to speak with an experienced Arizona wrongful death attorney who can answer these questions with clarity and confidence, contact a reputable firm for a no-cost, confidential consultation to discuss your case.. Contact us for free evaluation today, and let us fight for the justice your family deserves.