Litigating a wrongful death case requires specialized training and experience in gathering evidence, trial skills, and advising you on settlement (whether you choose to purchase structured settlement payments or receive a lump sum).  As such, your wrongful death attorney needs to have specialized knowledge in this unique area of law.

Here are just a few of the factors that you need to discuss with your potential attorney to evaluate whether or not he or she has the experience and training to be trusted with this type of claim.

Experience Negotiating And Litigating Wrongful Death Claims

The best wrongful death lawyers have experience negotiating as well as litigating. Typically, most wrongful death cases settle prior to trial during mediation or arbitration.  As such, your lawyer needs to be able to negotiate outside the courtroom as well as he litigates a case in front of the jury.  However, in the event that the case does go to the jury, your lawyer needs to have experience presenting often complex medical, legal and financial issues to the jury.

What Has Been The Past Outcome Of His Cases

Do not hesitate to ask your attorney about the outcomes of their past cases, whether they were settled or disposed of by trial.  You can also google the lawyer and law firm to see whether or not the lawyer or firm has been involved in any high profile cases and the outcome of each case.  It goes without saying that your prospective legal counsel needs to have a good track record with respect to negotiation and trial.

Legal Fees

While the initial consultation is free, you need to determine how your potential counsel expects to be compensated.  With respect to contingency fees, you need to ask lots of questions as to what is, and is not, covered and how the attorney’s fee will be calculated.

Which Lawyer Will Handle Your Case

In larger firms, generally associate attorneys and legal assistants will assist in the preparation of the case.  You will likely deal with a legal assistant or associate when preparing for deposition, gathering documents related to discovery and answering questions you may have during the course and scope of the litigation.  Be sure that you will be comfortable with the attorney and his staff as you will be dealing with all of them from time to time.  Determine, at the outset, who will be trying your case.

Finally, remember that the amount of time you have to file your wrongful death lawsuit is limited. Statutes of limitation range from one to three years.

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