5 Questions to Ask a Wrongful Death Lawyer

Wrongful Death Lawyer

wrongful death lawyer

Although nothing can make the challenge of mourning the loss of a loved one easier, a wrongful death lawyer can help you get the justice you deserve. 

Wrongful death can leave a family devastated and financially drained. Months after these tragedies occur the surviving family is still trying to rebuild the pieces. No one should have to go through this process alone.

If you’re considering hiring a wrongful death lawyer, consider the following and be sure to ask a prospective attorney these five key questions.


What Classifies as Wrongful Death?

Wrongful death is not a criminal proceeding. Therefore, a death caused by murder cannot be tried in a civil court. Often, wrongful death is caused by a road collision or other unintended accidents. 

In these cases, a car accident lawyer will assess the damages to get you compensated. If you’re not sure if your case falls under the wrongful death act, take a look at these examples:

  • Uber driver has a collision and kills the occupant during the ride 
  • A semi-truck driver accidentally swerves over and kills the driver on the other lane 
  • Driver doesn’t know specific road laws or signals and causes a deadly accident 
  • Drivers eyesight is compromised, and they don’t see a motorcyclist
  • A freak accident caused by faulty equipment or lack of proper precautionary signs 

All of these examples have one thing in common; there was no intent to harm the victim, but circumstances led to the incident. In these cases, the defendant is not tried as a criminal and instead sued for the damages they caused.


Who Can File a Wrongful Death Lawsuit?

In most states, being the next of kin grants you the right to file a wrongful death claim. Often, the spouse files. However, if the spouse is unable to file a claim, the children also have the right.

If both the spouse and children cannot (or are not able) to file, some states will allow grandchildren to file the wrongful death. Make sure to research your state’s laws concerning wrongful death lawsuits.

Or, consult with a local wrongful death lawyer for clarification. Successful attorneys who are confident in their capabilities and have a winning track record will often offer a complimentary consultation 


Questions to Ask a Wrongful Death Lawyer

Before hiring an attorney, you should have some questions lined up beforehand. This way, you know what services you’re getting and how exactly they can help. 

1. How Many Times Have You Won a Case Similar to Mine?

When speaking to an attorney, make sure to assess their work. Ask them about their success rate for cases they’ve won that are similar to yours. The best catastrophic injury lawyer will have no problem disclosing this information so you can make the best decision for yourself!

To get the best results, find a lawyer that specializes in specific accidents. For example, if your loved one died because of an uber driver, find an Uber/Lyft accident lawyer.

It’s important to note that all of these types of lawyers still fall under the same category working in wrongful death lawsuits. However, you want to ensure their experience aligns with what you’re looking for.

2. Can You Give Me an Exact Price for Your Services?

Frequently, a lawyer may not give you an exact estimate for their services. Then you’re left paying for hidden fees that you didn’t know in advance. Don’t be afraid to ask for an exact price

However, be aware that wrongful death lawyers with lower rates may not provide a guaranteed service, let alone promising work.

If you’re worried about payment, you could also ask your lawyer if they offer work on a contingency basis. Meaning they’ll only charge you after the case has been won or settled. This approach also ensures a higher chance of winning your case. 

3. How Much Will I Be Compensated for My Damages?

For starters, even if you hire a reputable motorcycle accident lawyer, the compensation still varies from case to case. However, your lawyer will be able to give you an estimate during the initial visit.

As they do more research on your case, this number may increase or decrease. Nevertheless, the best lawyers will push for maximum compensation. Usually, a lawyer will base their case on the economic, social, and emotional damages that resulted from the car accident.

4. What Challenges Should I Expect during My Case?

A car accident lawyer or any other type of personal injury attorney cannot fully predict any future challenges. However, it’s still the attorney’s job to mitigate any potential issue by doing thorough research on the events surrounding your loved one’s death.

Once your lawyer has done their research, they can lay out the possible challenges of your case, as well as the solutions they intend to pursue.

5. Are You Confident About My Case?

Most car accident lawyers can’t tell you with 100% certainty that they’ll win your case. However, with the information they are given, they should feel confident in their ability to bring you and your family justice.

If a lawyer does not feel confident about your case, you can either get a second opinion or stop pursuing the case. Remember that a wrongful death lawsuit can be very costly and emotionally draining. Good lawyers will be honest with you, and if they discover that your case will be more damaging than rewarding, then they should communicate that.

That’s why you should stay firm in your search for hiring the best wrongful death lawyer. 


The Best Wrongful Death Lawyers


If you’re planning to meet with an attorney, please don’t forget to ask these five questions. If you have any more questions about a wrongful death lawyer, contact us today for a free consultation.