Questions To Ask A Wrongful Death Attorney
Losing a loved one is painful enough without having to deal with legal and financial complexities. Consulting with an experienced wrongful death attorney helps ensure you get answers to important questions, maximize compensation, and hold negligent parties accountable.
This guide covers key questions to ask a wrongful death attorney when interviewing potential wrongful death lawyers relating to an incident.
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Understanding Your Case
What constitutes a viable wrongful death claim?
Circumstances that may provide grounds for a wrongful death lawsuit include:
- Motor vehicle accidents caused by drunk or reckless drivers
- Medical malpractice such as surgical errors or misdiagnoses
- Defective products like unsafe drugs or auto parts
- Premises liability from unsafe property conditions
- Workplace accidents due to negligence
Discuss your specific situation to determine if you have a valid claim.
What damages can be claimed in a wrongful death suit?
Compensation may be available for:
- Funeral and burial costs
- Loss of financial support or inheritance
- Loss of benefits like health insurance
- Emotional grief and bereavement
- Pain and suffering of the deceased prior to death
Maximizing these damage claims requires an experienced attorney.
How long do I have to file a wrongful death claim?
Every state has strict statutes of limitations for wrongful death suits, ranging from 1 - 4 years in most cases. An attorney can provide deadline details for your state.
Finding an attorney before time expires is crucial to pursue compensation.
Selecting the Right Attorney
What is your experience handling wrongful death cases?
Look for substantial expertise specifically with wrongful death litigation. Ask about case results and settlements obtained.
What resources does your law firm provide?
Access to investigators, medical experts, and litigation funding improves claim success. Choose a firm with strong resources.
How will you keep me informed during the case?
The attorney should clearly explain their procedures for providing case status updates, returning calls/emails, and involving you in key decisions.
Speaking with former clients provides insights on the lawyer’s responsiveness, communication style, and ability to deliver results.
How are your legal fees structured?
Most work on contingency fees, taking a percentage of final settlement only if successful. Compare fee structures.
Asking key questions helps vet attorney qualifications, resources, and fit for your case needs.
Building a Strong Case
What steps will you take to investigate my loved one's death?
The lawyer should utilize experts, subpoena records, and extensively interview witnesses to reconstruct accident details and identify liable parties.
How will you maximize evidence supporting compensation for grief and loss?
Expect strategic gathering of documentation, testimony, and records showing emotional trauma to family members.
If the liable party offers a quick settlement, should I take it?
An experienced attorney knows when a fast settlement benefits you vs. when further negotiation or litigation may increase compensation.
How frequently do these cases go to trial vs settling beforehand?
Understand the likelihood of a full trial and associated timeline. Realistic expectations help in the difficult process.
Asking case building questions demonstrates the attorney's thorough approach.
Additional Case Considerations
Who should be listed as beneficiaries in the claim?
The lawyer can advise on which family members may have legal standing for loss compensation under wrongful death statutes.
Could any preexisting conditions impact the case?
Disclose any preexisting health conditions or questionable conduct of the deceased that may be used to reduce liability.
Are there any circumstances that could negatively impact my claim?
Be open about any potential liability complexities the attorney should be aware of in pursuing compensation.
Full transparency with your attorney leads to the best case results.
Frequently Asked Questions
Am I limited to only one initial free consultation?
Reputable lawyers offer free case assessments even after initial consultations to help you make the best choice.
Can I change my wrongful death attorney if unsatisfied?
Yes, you can switch lawyers anytime if you feel your case is being mishandled. However, an initial comprehensive vetting helps avoid this.
Will a wrongful death claim impact other family legal matters?
The attorney will ensure the claim estate is structured properly to avoid complications with issues like probate.
How long do these cases typically take to resolve?
Expect 1-3 years for complex litigation. Experienced lawyers expedite matters as quickly as circumstances allow.
What upfront fees am I responsible for?
Most reputable attorneys work on a contingency fee basis and do not require you to cover any upfront costs.
Conclusion on Questions To Ask A Wrongful Death Attorney
Losing a loved one under negligent circumstances warrants legal action to obtain rightful compensation. Asking the right lawyer questions helps you understand your claim's strength, build a solid case, and get through the difficult process with an advocate by your side. With proper legal guidance, you can obtain the maximum compensation you deserve.
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