How To Find the Right Wrongful Death Attorney for Your Family

Losing a loved one is among the most devastating experiences a family can suffer. When that loss is sudden and caused by another party’s careless or reckless actions, the grief is compounded by anger and profound financial uncertainty.

While you are dealing with this mix of emotions, legal action is likely the last thing on your mind. While you are grieving, you have to make arrangements and try to comfort your family. However, securing your family’s future often requires legal intervention.

The problem is that finding a qualified, compassionate, and capable wrongful death attorney can be difficult during such a challenging time. In the unfortunate event that you need it, this guide to hiring a wrongful death attorney will help you find counsel that can look out for your family’s legal rights while you focus on healing.

In This Article…

In this guide, you will:

• Learn what to look for in a wrongful death attorney.
• Find the questions to ask before you hire a lawyer.
• See how experienced counsel can help your family seek justice

What Is a Wrongful Death Case?

A wrongful death lawsuit is a legal action brought by the surviving family members (or the estate) of a deceased person against the party or parties responsible for the death.

Wrongful death cases arise from another party’s negligence or misconduct. Think of it this way: if your deceased family member would have had grounds to file a personal injury lawsuit if they had survived, your family likely has grounds for a wrongful death claim.

These claims arise from tragic circumstances, including car and truck accidents, medical malpractice, defective products, workplace disasters, and criminal acts.

When you hire an attorney for a death caused by negligence, they do more than represent your family in court. They investigate the cause of death, identify all liable parties, calculate the full extent of the family’s financial and emotional losses, and more.

What To Look for in a Wrongful Death Lawyer

Before searching for representation, it’s important to understand that not all personal injury lawyers have what it takes to handle wrongful death cases. These cases are uniquely complex, as they may involve detailed medical evidence and several nuances of the law.

So, before you begin choosing a wrongful death lawyer, make sure they have:

Specific, Proven Experience

While many lawyers handle car accidents, fewer have in-depth experience with the specific statutes and damages associated with wrongful death litigation. The best wrongful death attorney for your case is one who has successfully managed cases similar to yours.

Significant Financial Resources

Litigating a wrongful death lawsuit can be expensive. To build a compelling case, your attorney may need to hire independent experts — accident reconstructionists, medical specialists, forensic accountants, and others — to prove liability and quantify damages. That’s why the wrongful death law firm you choose must have the financial resources to handle these substantial costs.

An Aggressive, Trial-Ready Approach

Most civil cases settle out of court because trials cost significant amounts of time and money. However, if the other side knows your attorney is afraid of the courtroom, they will offer less compensation. On the other hand, when the opposition knows your wrongful death lawsuit lawyer is fully prepared to see a case through to verdict, they are much more likely to offer a fair settlement.

Deep Compassion and Ethics

While you need an attorney who is aggressive with the opposition, they must be compassionate with you and your family. Prioritize an attorney known for treating clients with dignity and respect. Also, keep in mind that an ethical lawyer will provide honest assessments, keep you informed as the case proceeds, and never pressure you.

Important Questions To Ask Before You Decide

Once you have identified potential candidates, it’s time to schedule consultations.

Most reputable wrongful death attorneys offer free initial case evaluations. Treat this meeting as an interview, and ask these critical questions:

• How much of your practice is dedicated to wrongful death cases? You are looking for a firm with significant experience, not just a few prior cases.
• Have you handled cases specifically like mine before? If your loved one passed due to a defective medical device, ask about their experience with product liability, not just general negligence. The same goes for car accidents, workplace deaths, and so on.
• What is your track record of success in the courtroom? Ask about their recent trial verdicts. A history of strong verdicts and settlement amounts speaks for itself.
• Who will actually be working on my case? Know who your primary point of contact will be. You don’t want to meet with one attorney only to have your case handed off to someone you’ve never spoken with.
• Do you have the resources to hire expert witnesses? Ask them specifically what types of experts they anticipate needing for your case, and confirm they have the capital to do so.
• How are your fees structured? Almost all wrongful death attorneys work on a contingency fee basis. This means they only get paid if they win your case in court or secure a settlement for you. Confirm this fee structure, and ask about the percentage they take. Also, make sure to discuss how they handle expenses in the event of a loss.

Warning Signs When Choosing a Wrongful Death Attorney

Unfortunately, some lawyers may try to take advantage of grieving families. Be cautious and watch for these red flags during your search:

• Guarantees of a specific outcome: No ethical attorney can guarantee a win or a specific settlement amount. Any lawyer who promises a specific result is dishonestly trying to secure your business.
• High-pressure tactics: You should never feel pressured to sign a contract during an initial consultation. If a lawyer urges you to sign immediately “before it’s too late,” walk away. You need time to make an informed decision.
• Unsolicited contact: Be wary of lawyers or investigators who contact you immediately after the accident without you requesting their help. This practice, sometimes called “ambulance chasing,” is often unethical and is even illegal in some jurisdictions.
• Lack of transparency regarding fees: If the attorney cannot clearly explain their fee structure or tries to hide potential costs, walk away. The financial arrangement must be transparent from day one.

How Our Firm Approaches Wrongful Death Claims

At Kanner & Pintaluga, we understand that a large settlement can’t bring your loved one back. However, we also know that financial compensation is often the only way to secure a stable future and to hold negligent parties accountable.

We pride ourselves on being an aggressive, ethical, and results-driven firm. Because we operate nationally, we have the necessary resources to take on large corporations and insurance providers. We can deploy expert teams anywhere in the country to investigate a scene immediately. However, we maintain a local focus at our New Mexico office.

Talk to an Experienced Wrongful Death Attorney Today

The statute of limitations for wrongful death claims varies by state. Regardless of where you are located, waiting too long can permanently bar your family from seeking justice.

Let us at Kanner & Pintaluga hear your story, answer your questions, and help you understand your legal options. Contact us today for a free, confidential consultation.