Losing a loved one is one of the most traumatic events you can experience. When their passing results from a negligent act, you may qualify to file a wrongful death claim or lawsuit. These claims provide surviving relatives with resources to cover the deceased party’s final expenses and compensate for their lost future income.
You should ask a prospective Boca Raton wrongful death lawyer many questions before hiring them. After all, your choice of legal counsel can be vital to your case’s success. Keep reading to learn seven questions to ask a wrongful death lawyer before hiring them.
1. What Is Your Experience With Wrongful Death Actions?
Experience is one of the most important things a personal injury attorney can offer, but not all experience is the same. The amount of time a person has practiced law is less important than how they have spent their career.
You should ask your prospective attorney not only how long they have been practicing but also what percentage of their time they spend on wrongful death cases and what their track record is with those cases.
2. What Is Your Billing Policy for Wrongful Death Claims?
It is important to understand exactly how your attorney gets paid before you hire them. Most personal injury lawyers handle wrongful death cases a contingency fee basis, meaning they will keep a portion of anything they recover in your case.
This approach has several advantages. It allows you to proceed with your claim or lawsuit without paying anything upfront. That means your financial situation will never limit you in pursuing justice on behalf of your loved one. Additionally, you will only owe a fee if your lawyer recovers financial compensation for you. If you do not get paid, neither do they.
3. What Is My Wrongful Death Case Worth?
An attorney cannot predict the outcome of your wrongful death case with certainty, but they can help you understand what your case might be worth by asking questions about your losses and explaining the types of damages available.
Many factors determine what a wrongful death case is worth, and each claim is unique. However, a lawyer could assist you with understanding the factors that increase or decrease the chances of a favorable outcome and what economic and non-economic damages you might qualify for, such as:
- Funeral and burial expenses
- The decedent’s medical bills
- Property damage
- Loss of income
- Loss of companionship
- Loss of consortium
- Pain and suffering
4. Who Will Handle My Wrongful Death Case?
Some personal injury law firms hand “minor” cases off to junior attorneys or have paralegals do much of the legwork. Others pass a file around among multiple attorneys, which can make it difficult for anyone to get a solid grasp on what’s happening with the case at any given time.
Alternatively, some lawyers handle every case they accept directly. This ensures the wrongful death attorney you meet with and hire will handle the important aspects of your claim. The more you know about how they will handle your case, the less likely you are to be disappointed along the way.
5. How Much Time Do I Have to File a Wrongful Death Lawsuit?
Another important piece of information that can help you decide how to proceed with your case is how much time you have to act. A legal deadline known as the statute of limitations applies to your case, and waiting too long to file suit can lead to a disappointing outcome.
Per Florida Statutes § 95.11, you generally have two years from the date of a loved one’s passing to file a wrongful death lawsuit in Florida. However, some factors can increase or decrease the amount of time you have to pursue a lawsuit. An attorney can advise you whether any of these factors apply to the deadline in your case.
6. Are You Prepared to Take My Case to Trial if Necessary?
Not all attorneys are keen to take cases to trial. It is helpful to ask how a lawyer approaches the prospect of a trial, given that some will avoid litigation at all costs. This might save them time and money, but that does not mean it will lead to the best possible outcome for you.
Most wrongful death cases will ultimately be resolved through a mutual settlement agreement outside of court. However, hiring an attorney who is not afraid to take your case to trial means you are more likely to get a fair offer from the liable party’s insurance company. Aggressively pursuing each case as if a trial is forthcoming is one of the best ways to get a fair settlement agreement.
7. What Is Your Communication Policy With Wrongful Death Clients?
How an attorney communicates with their client during a wrongful death action is crucial. You deserve to receive updates on everything that happens in your case, and your lawyer should have a policy in place regarding how often they will notify you of changes or updates in your case.
This policy should also address how they will respond to your questions or concerns. Your case is important, and you deserve a lawyer who will respond to you promptly when you have a question.
At Ged Lawyers, we pride ourselves on how communication. Not only are we quick to respond to phone calls and emails, but our multi-lingual staff is also here to help make communication easy for our diverse community. Our staff is fluent in a wide range of languages, including Spanish, Arabic, Creole, Greek, Russian, Turkish, and Portuguese.
Get Help From a Wrongful Death Attorney Today
At Ged Lawyers, our legal team has been helping surviving family members seek justice since 1995. We know your case is important, and our wrongful death lawyers want to help you pursue a fair settlement for your losses. Contact us as soon as possible to schedule your free initial consultation.
