What Questions To Ask a Wrongful Death Attorney Before Hiring Them
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What Questions To Ask a Wrongful Death Attorney Before Hiring Them
Losing a loved one is incredibly hard, especially when it happens because someone else was at fault. When questions about accountability or financial stability come up, you may realize you need a lawyer to sue for wrongful death to protect your family.
However, not every lawyer provides the same kind of support. That’s why knowing how to choose a lawyer is such an important part of this process. Asking thoughtful questions helps you look past big promises so you can find someone you truly trust to stand by you.
Knowing what questions to ask a wrongful death attorney gives you a clear way to compare your options and feel confident about who you hire.

17 Questions To Ask a Wrongful Death Attorney
Here are 17 questions that can help you get a good sense of whether a wrongful death attorney is the right fit for you.
1. What Experience Do You Have Handling Wrongful Death Cases Like Mine?
The attorney’s past experience with cases like yours is a good indicator of how well they can manage your case. You may also want to ask:
- Have you handled wrongful death cases that involved civil or criminal proceedings?
- How many wrongful death cases like mine have you filed?
- What outcomes have you achieved in similar cases?
An attorney who has successfully worked on cases like yours will understand the challenges you’re likely to face and have a track record you can trust.
2. What Is Your Trial Experience With Wrongful Death Cases?
Having trial experience is a big plus for a wrongful death attorney. The answer to this question lets you know if they have actually taken similar cases to trial and how those turned out.
An attorney who has trial experience with wrongful death cases can face the courtroom confidently, which can also pressure the other side to offer a fair settlement. When you ask about the attorney’s experience, listen for specific examples or the number of cases they’ve tried.
3. What Is Your Initial Assessment of My Case?
Hearing the lawyer’s first impression of your case can give you insight into its strengths and weaknesses. Ask what they think about your case’s merits: Do they believe you have a strong claim, or do they see potential issues?
A thoughtful initial assessment shows the attorney is honest and has enough knowledge to spot key factors early. If the lawyer can clearly explain why your case is promising or tricky, you’ll know they’ve listened carefully and are being upfront with you.
4. What Challenges or Risks Do You See in This Case?
No case is without challenges, and a good wrongful death attorney will be frank about potential obstacles. Asking this question invites the attorney to discuss what issues might arise, such as disputes over who was at fault or difficulties in proving certain facts. For example:
- The other party’s insurance might fight the claim or try to limit payout.
- Evidence could be limited or unclear, making it harder to prove responsibility.
By understanding the risks early on, you can see that your attorney is realistic and prepared to tackle these issues.
5. What Evidence Will Be Most Important To Prove Liability?
Evidence is the backbone of any wrongful death case. You should ask which evidence the attorney believes will be critical to show that the other party is responsible. This evidence might include:
- Police reports
- Medical records
- Accident scene photos
- Expert testimony
By asking your wrongful death attorney this question, you learn how they plan to prove your case. It lets you know what information you might need to provide or help gather. Understanding the key evidence also helps you feel sure that the attorney has a strategy to demonstrate fault and build a strong case.
6. What Steps Will You Take To Investigate and Build the Case?
Knowing the lawyer’s game plan for investigating your case can give you peace of mind. When you ask about the steps they’ll take, you’re looking for a clear outline. They might mention:
- Visiting the accident scene
- Interviewing witnesses
- Gathering documents
- Consulting experts
- Working with investigators
Hearing that your lawyer has a plan shows that they are proactive and have a systematic approach to building your case.
7. What Parties Could Potentially Be Held Responsible?
More than one person or company may be legally responsible for a wrongful death. By asking who could be held liable in your case, you learn if the lawyer is considering all possible defendants.
For example, in a fatal car accident, responsible parties might include the other driver, the driver’s employer (if they were on the job) or even a car manufacturer if a defect played a role. Asking a wrongful death attorney this question shows if they can identify multiple parties who may share blame, which could increase the chances of a fair recovery.
8. What Is the Expected Timeline for a Wrongful Death Case?
Wrongful death cases can take time, and knowing the likely timeline in your case helps you set realistic expectations. You want a lawyer who will be honest with you, even if the answer isn’t simple. A good lawyer should walk you through what usually happens, from the investigation and filing the lawsuit to settlement discussions and trial, without brushing off your concerns or talking over you.
They may explain that these cases often take many months or even a couple of years, depending on the details involved. Knowing the timeline helps you prepare for what’s ahead so you’re not left wondering whether the law firm is ignoring your case or moving too slowly.
9. What Happens If the Case Does Not Settle and Goes To Trial?
Most wrongful death cases settle out of court, but you should know what to expect if yours doesn’t. By asking this question, you find out how the attorney handles cases that go to trial. They should explain how they will prepare you for court, what the trial process involves and how that could affect the timeline and costs.
You want to hear if the wrongful death attorney is comfortable going to trial and isn’t afraid to fight for you in court. This way, you’ll feel reassured that if a settlement can’t be reached, your attorney is ready and experienced enough to take the case all the way through a trial.
10. What Types of Compensation May Be Available in Wrongful Death Cases?
In a wrongful death claim, you can seek various types of compensation (also known as “damages”). Always ask about what type of compensation may be available to you so you understand what you might recover if the case is successful.
Also, ask the attorney about the various types of compensation, including:
- Economic Damages: Lost income, medical bills and funeral expenses
- Non-Economic Damages: For pain and suffering and loss of companionship or support
- Possibly Punitive Damages: In cases of gross negligence, to punish the wrongdoer
Knowing this information makes it easier to look at a settlement offer and decide whether it truly covers your losses or if it falls short of what you may be entitled to.
11. What Is Your Fee Structure?
Legal fees are an important topic, especially in a wrongful death case. You should ask how the attorney charges so that you’re not caught off guard later.
Many wrongful death lawyers work on a contingency fee, which means they only get paid if you win or reach a settlement. Their fee is usually a percentage of what you recover. Some lawyers may charge hourly or use flat fees, but that is less common in these cases.
12. What Costs or Expenses Might I Be Responsible For?
Attorney’s fees aren’t the only costs you may be responsible for. You may have to cover:
- Court filing fees
- Expert witness fees
- Investigation expenses
- Costs to obtain medical records
- Accident reports or other official records
Some lawyers cover these costs as the case moves forward and then take them out of any settlement or verdict. Others may ask you to pay certain expenses as they come up. Asking the wrongful death attorney this question ahead of time helps you understand what to expect and avoid surprises later on.
13. What Happens If We Don’t Win the Wrongful Death Case?
No one wants to think they may lose their case, but this question helps you understand the risk before moving forward. Because many wrongful death attorneys work on a contingency basis, you may not owe attorney fees if the case is unsuccessful. Still, it is important to ask how they’ll manage case expenses in that situation. Some firms waive those costs, while others do not. This conversation helps you understand what you might be on the hook for in the worst-case scenario and whether you feel comfortable with that risk before you file a wrongful death lawsuit.
14. What Is the Best Way To Communicate With You or Your Team?
This question is really about how easy it will be to get information from your attorney should you need it. The attorney may prefer email, phone calls or scheduled updates. They may also explain that much of your communication will be with a paralegal or another team member. Knowing this upfront helps set expectations and prevents frustration later.
15. What Level of Involvement Will I Have Throughout the Case?
People approach the legal process differently, especially after a loss. Some want to stay closely involved, while others want the attorney to handle most of the details. The attorney’s answer to that question should explain what they expect of you, such as attending meetings, providing information or appearing in court. Having this conversation early helps make sure the process fits your comfort level and prepares you for what your role will look like along the way.
16. What Support Resources Do You Offer for Families During the Process?
Many families are dealing with grief and unfamiliar processes at the same time they're trying to juggle a wrongful death case. Some personal injury law firms recognize this and offer added support beyond handling the lawsuit, including:
- Referrals to grief counselors or support groups
- Guidance on estate issues, probate or beneficiary questions
- Referrals to financial or tax professionals
- Assistance with obtaining death certificates or other necessary records
Knowing what kind of support is available can help you feel less overwhelmed and more certain that the firm sees you as a person, not just a case.
17. What Sets Your Firm Apart From Other Wrongful Death Attorneys?
Don’t be afraid to ask any wrongful death attorneys you interview why they’re the best choice to take your case. Asking what makes their firm different allows them to highlight their strengths. They might mention their:
- Years of experience
- Strong track record of successful cases
- Team approach
- Personal commitment to clients
How they answer helps you compare firms and see who you feel comfortable with. One attorney might focus on personal attention, while another brings deep experience with cases like yours. By the end of the conversation, you should have a clearer sense of who you trust to handle your case.
Have Questions for a Wrongful Death Attorney? Get Answers With a Free Consultation
At Sargon Law Group, our wrongful death attorneys are open to any questions you have and take the time to listen before offering guidance. We understand that every family’s situation is different, and we work to put you at ease by explaining your options clearly and honestly.
Our team of personal injury lawyers has the experience to investigate fatal accidents, identify all responsible parties and deal directly with insurance companies on your behalf. Whether your case resolves through a settlement or requires trial preparation, we’re ready to protect your interests at every stage.
If you’re considering your next step, contact a Phoenix
wrongful death attorney at Sargon Law Group for a free case evaluation.