- incurred before death.
- Funeral and burial costs.
- Lost wages and benefits the decedent would have earned.
- Loss of inheritance.
- Non-Economic Damages: These are the intangible losses suffered by the family, such as:
- Loss of companionship, society, and comfort.
- Loss of parental guidance for minor children.
- The survivors’ mental anguish and grief.
A skilled attorney will often hire an economist or a forensic accountant to project the full extent of economic losses over a lifetime, presenting a clear and compelling case for maximum compensation.
Assessing Knowledge of State-Specific Laws and Procedures
Wrongful death law is not governed by a single federal statute; it is a patchwork of state-specific laws. An attorney’s expertise in the laws of the state where the death occurred is non-negotiable. A mistake in applying these laws can be fatal to your claim.
The Critical Role of the Statute of Limitations
Every state has a “statute of limitations,” which is a strict deadline for filing a wrongful death lawsuit. This time limit can vary significantly. For example, in Texas, the deadline is generally two years from the date of death. In Florida, it is also two years. However, in other states, it could be one year or three years.
There are also exceptions that can shorten or extend this deadline, such as in cases involving government entities or medical malpractice. If your lawyer fails to file the lawsuit before this deadline expires, your family’s right to seek justice is permanently lost. An experienced local attorney will know these deadlines and any associated procedural requirements, like filing a notice of claim against a government body.
Understanding Who Can File a Lawsuit
State laws are very specific about who has the legal standing to file a wrongful death lawsuit. In some states, only the personal representative of the decedent’s estate can file the claim on behalf of the survivors. In other states, certain family members, like a surviving spouse, children, or parents, can file the lawsuit directly.
An attorney must know these rules precisely. Filing a claim by the wrong party can lead to its dismissal. The lawyer should be able to clearly explain who is eligible to file and who is entitled to receive any recovered damages under your state’s laws.
Damage Caps and Their Implications
Some states have placed “caps” or limits on the amount of money that can be awarded for certain types of damages, particularly non-economic damages. These caps are most common in medical malpractice cases.
For instance, a state might cap non-economic damages (like loss of companionship) at $500,000. This means that even if a jury awards $2 million for the family’s grief, the judge will be required to reduce that portion of the award to the legal limit. An experienced lawyer will be aware of any applicable caps and will build a case strategy to maximize the recovery of uncapped damages, such as economic losses. They can focus on meticulously proving every dollar of lost future income and financial support to ensure the family receives the fullest possible compensation under the law.
Evaluating the Firm’s Resources and Support System
Wrongful death litigation is not a one-person job. These cases are often complex, expensive, and fiercely contested by large insurance companies and corporate defendants with deep pockets. The law firm you choose must have the resources to go the distance.
The Financial Backing for Complex Litigation
Pursuing a wrongful death claim is a significant financial investment for a law firm. Because these cases are typically handled on a contingency fee basis, the firm fronts all the costs of litigation. These expenses can easily run into the tens or even hundreds of thousands of dollars.
Costs include:
- Expert Witness Fees: Experts like accident reconstructionists, medical specialists, engineers, and economists charge hundreds of dollars per hour.
- Deposition Costs: Transcribing the sworn testimony of witnesses, defendants, and experts is expensive.
- Investigation Costs: Hiring private investigators to find witnesses or uncover evidence.
- Court Filing Fees and Trial Exhibits: Preparing a case for trial involves numerous administrative costs and the creation of professional visual aids for the jury.
A small or underfunded firm might be tempted to cut corners on these expenses, which could weaken your case. They might also feel pressured to accept an early, low settlement offer to recoup their costs. You need a firm with the financial stability to fund your case properly without compromise.
The Team Behind the Attorney
While you will have a lead attorney, they should be supported by a competent team. This includes paralegals, legal assistants, and often junior attorneys. A strong support staff ensures that evidence is properly organized, deadlines are calendared and met, and communication with the client is maintained. During your consultation, ask about the team who will be working on your case. A well-staffed firm can dedicate more attention to your claim.
Access to a Network of Expert Witnesses
The testimony of credible expert witnesses is often the cornerstone of a successful wrongful death case. These experts help explain complex technical or medical issues to a judge and jury.
- Accident Reconstructionists can determine the cause of a vehicle collision.
- Medical Examiners can establish the precise cause of death.
- Engineers can identify a product defect that led to a fatal accident.
- Economists can project a lifetime of lost earnings and financial contributions.
An experienced wrongful death lawyer will have a well-established network of respected experts they can call upon. Ask the attorney about the types of experts they anticipate needing for your case and their experience working with them.
The Consultation: Gauging Strategy, Communication, and Compatibility
The initial consultation is your opportunity to interview the attorney. It should feel less like a sales pitch and more like a strategic meeting. This is where you can assess not only their legal knowledge but also their communication style and your personal comfort level with them. You will be working with this person on a deeply personal and emotional matter for months or even years.
Moving Beyond a Sales Pitch
A good lawyer will spend most of the consultation listening to you and asking detailed questions about what happened. They need to understand the facts before they can offer a valid opinion. Be wary of any attorney who makes grand promises or guarantees a specific financial outcome during the first meeting. This is unethical and a sign of inexperience.
Key Strategic Questions to Pose
Use this time to understand how the lawyer thinks.
- “Based on the information I’ve provided, what is your initial assessment of the case?”
- “What do you see as the biggest strengths and potential weaknesses?”
- “What would be the first steps your firm would take to investigate this claim?”
- “How would you go about proving the defendant’s negligence?”
- “What is your general philosophy on settling versus going to trial?”
Their answers should be thoughtful, clear, and tailored to the specifics of your situation. They should be able to articulate a preliminary plan of action.
Setting Communication Expectations
Clear and consistent communication is vital. The legal process can be slow, and long periods of silence can add to a family’s anxiety.
- “How often can I expect to receive updates on my case?”
- “Who will be my primary point of contact at the firm?”
- “If I have a question, what is the best way to reach you or your team, and how quickly can I expect a response?”
A professional firm will have a clear communication policy. You should leave the consultation feeling that you will be kept informed and that your questions will be answered in a timely manner. Trust and compatibility are crucial. You need an advocate you can rely on during one of the most difficult times of your life.
Verifying Credentials and Reputation
Finally, before making a decision, you should independently verify the attorney’s credentials and reputation within the legal community. A flashy website or a television commercial is not a reliable measure of legal skill.
Looking Beyond the Website and Commercials
While a professional online presence is important, it is a marketing tool. You need to dig deeper to find objective information about the lawyer’s standing.
Checking Professional Ratings and Peer Reviews
Several independent organizations rate attorneys based on their skills and ethical standards. These ratings are often based on confidential reviews from other lawyers and judges.
- Martindale-Hubbell: This is one of the oldest and most respected legal rating services. An “AV Preeminent” rating is the highest possible mark, signifying that an attorney’s peers rank them at the highest level of professional excellence and ethical conduct.
- Super Lawyers and Best Lawyers in America: These are lists compiled through a rigorous peer-nomination and evaluation process. Inclusion on these lists indicates a high degree of respect from other attorneys in their field.
- State Bar Association: You can check your state bar’s website to confirm the attorney is in good standing and to see if they have any public record of disciplinary action.
Reading Client Testimonials with a Critical Eye
Client reviews can provide valuable insight, but they should be read carefully. Look for detailed testimonials that describe the process, not just the result. Reviews that mention the lawyer’s communication, compassion, strategic guidance, and professionalism are often more telling than a simple statement like, “They got me a lot of money.” Look for patterns in the feedback across multiple platforms.
Understanding Fee Structures
Nearly all 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 verdict.
- Clarify the Percentage: This is typically between 33% and 40% of the gross recovery.
- Ask About Case Expenses: It is critical to ask who pays for the case expenses (expert fees, court costs, etc.) if the case is lost. A reputable and well-financed firm will often absorb these costs, meaning you owe nothing if they do not win. Some contracts may require the client to repay these expenses. Be sure you understand this policy before you sign any agreement.
Conclusion
Choosing a lawyer to handle a wrongful death claim is one of the most important decisions your family will make. It is a decision that extends beyond legal acumen; it is about finding a trusted partner who will champion your cause with dedication and compassion. By methodically evaluating an attorney’s specific experience in this field, you can ensure you are placing your family’s future in the hands of a true advocate. The process requires a careful examination of their case history, a deep dive into their trial record, and a confirmation of their knowledge of state-specific laws. You must also assess the resources of their firm and their ability to fund a protracted legal fight against well-defended opponents.
The initial consultation is your chance to measure their strategic thinking and, just as importantly, to determine if their communication style and demeanor are a good fit for your family. This is not the time for a hasty decision. The right lawyer will not only fight for the maximum financial compensation available but will also help your family find a sense of accountability and justice. They will be your guide and your shield, allowing you to focus on healing while they handle the complexities of the legal system.
Do not rush this process. Take the time to schedule consultations with at least two or three highly qualified attorneys who specialize in wrongful death litigation. Use the criteria outlined here to compare their experience, strategies, and approach. Your family’s financial security and sense of closure depend on making a well-informed and confident choice. Contact us today for a free evaluation. Whether you’re dealing with a personal injury, criminal charge, or family matter, we’ll provide the guidance you need to make informed decisions. Reach out now, and let’s work together to build a strong case on your behalf.