Losing a loved one is always painful, but when the loss is due to someone else's greed, negligence, incompetence, or malice, the pain stings more sharply, and the anger can be overwhelming. You are not alone. Wrongful death lawsuits are not uncommon, with nearly 40,000 people dying in auto accidents alone each year. Assaults, medical error, falls, and negligence-related injuries also drive up the death toll.
If someone you love has died due to someone else's error, you do not have to sit passively by and hope for life to get better. Though money will not bring your loved one back, it is often a necessary part of the process of moving forward. A lawsuit also sends a strong message to the person who harmed your loved one, and may help prevent future accidents from claiming the life of another person's beloved friend or family member.
Before you sue, you need to ensure you have chosen a lawyer who specializes in the issues associated with your case. The first lawyer you meet is not always that person. Here's how to choose the right wrongful death lawyer for your case.
Don't base your search wholly on Google, or rely solely on lawyer referral sites. Lawyers pay to be on advertising referral sites, and their high ranking or excellent rating does not necessarily mean he or she is uniquely qualified for the job. Instead, try one of these sources:
A lawyer can have 30 years of experience and still be totally unqualified to take your case. What matters is that he or she has dedicated his or her career to working on the specific area of law relevant to your case. If your loved one died in a car accident or assault, you need a personal injury lawyer. Medical malpractice attorneys specialize in deaths and injuries that doctors cause. To determine whether your lawyer is sufficiently experienced:
Excellent lawyers steadily eke out stellar reputations. If another lawyer refers you to someone, that's usually a great sign. If multiple people refer you to the same lawyer, that's even better. Of course, the best lawyers aren't always the most well-known. Indeed, an attorney who dedicates half of his or her time to getting on the news has less time to spend with clients. Don't allow yourself to be distracted by bluster or by frequent media appearances. Instead:
The law can change on a dime. A Supreme Court ruling has the power to radically upend lives, as evidenced by the U.S. Supreme Court's recent ruling allowing gay marriage. Good lawyers aren't just those who had a big win five or 10 years ago. Instead, the best litigators stay on top of the law for the entirety of their careers. Ask your lawyer:
You can't judge an attorney's legal acumen by his or her demeanor, or by how you feel after a single conversation. You can, however, determine whether this is the sort of person with whom you would like to work. You know yourself and your needs best, so trust your gut. Then ask the following questions:
The law is a complicated thing, and many issues will be litigated long before you see the inside of a court room. Legal skill matters, and you should listen to your lawyer's advice, rather than forcing him or her to take the approach you prefer. Some questions to ask include: