When you lose a loved one because of someone else’s negligence, it can be difficult to know what to do next. Managing a legal case based on a family member’s passing is often incredibly challenging for survivors. Working with a Rutherfordton wrongful death lawyer could make the legal process easier, reduce your stress, and possibly increase your chances of getting justice and fair compensation.
However, you want to choose a good fit for your family when you hire a lawyer. You can do this by asking the right questions during your initial case consultation and using their answers to decide.
What Should I Ask a Law Firm During My Wrongful Death Case Consultation?
Some questions you should consider asking the law firm during your free consultation include:
1. What Experience do You Have with Wrongful Death Claims?
When you choose a personal injury law firm with extensive experience handling cases similar to yours, it should give you confidence in their ability to handle your claim. A history of successfully representing families in wrongful death cases shows they know how to build these cases and negotiate for families effectively.
2. What Is Your Track Record of Success?
Personal injury attorneys with a positive track record who consistently secure favorable outcomes for clients should be able to discuss specific clients, their payouts, and how they won these cases.
3. How Will You Approach My Family’s Case?
While each case is unique, and there is no way to fully understand your loved one’s accident and death from a single conversation, the law firm should be willing to discuss possible case strategies, common investigative techniques, and their legal approach to similar cases.
4. What Is the Statute of Limitations for My Family’s Wrongful Death Claim?
The deadline for filing the initial complaint and beginning a wrongful death lawsuit differs by state. Generally:
- Under N.C. Gen. Stat. § 1-53, you have two years to file in North Carolina.
- Per S.C. Ann. § 15-3-530, you have up to three years to file in South Carolina.
However, other deadlines and timelines could apply based on the circumstances that led to your loved one’s death. The team member should explain the likely deadline in your case during your consultation.
5. How do You Handle Communication with Clients?
You want a wrongful death attorney who values clear, regular communication. Ask how often they provide updates and how they come. Do you prefer emails or phone calls? You want to choose a lawyer with a communication style similar to yours who is available when you have questions or concerns.
6. What Are the Potential Costs and Fees?
Most wrongful death lawyers work based on a contingency fee basis. Discuss their fee structure, including what percentage of your payout they will receive. Also, discuss how they handle any additional fees or other potential costs.
7. Who Will Be Working on My Case?
Often, you will not speak to the lawyer who will handle your case during the initial consultation. Ask questions about who will manage your case, whether it is an attorney you can speak to, a team of associates, or someone else.
8. What Are the Potential Outcomes of My Case?
While no attorney can make guarantees about the possible outcome of your case, they can assess its strength and discuss what they believe to be the most likely outcome. You should ask about the potential value of your case and what types of economic and non-economic damages you qualify for, such as:
- Funeral expenses
- Burial or cremation costs
- Your loved one’s medical care costs
- Loss of consortium and companionship
- Loss of household income
9. How Long do You Expect the Case to Take?
You want a lawyer who sets realistic expectations. They cannot promise to close your case by any certain date. Still, they may have a general idea based on previous similar cases or interactions with the at-fault party’s insurance company.
10. What Resources do You Have to Dedicate to My Case?
You do not want your claim to become a small case on a long list at a massive law firm. You want an attorney who is willing to dedicate the appropriate time and money to your case. You also deserve a law firm with a strong network of expert witnesses and skilled investigators who can develop a convincing case for fair financial compensation.
11. How Will You Help Me Navigate the Legal Process?
Your attorney should make you feel confident they can guide your family through each step of the claims process. They should offer peace of mind when they tell you they will handle the case for you and allow you to focus on your family during this difficult time.
12. How do You Handle Settlements and Negotiations?
Personal injury lawyers are often skilled negotiators who only settle cases when they can secure fair compensation for their clients. This type of aggressive pursuit of compensation is what you and your family deserve to hold the at-fault party liable and get justice.
13. What Happens if We Go to Trial?
Most wrongful death claims do not go to court. However, when a lawyer has extensive courtroom experience, it makes it much less stressful if your case does go to trial. Your attorney should put your mind at ease and remind you they will be there to manage the case, present strong evidence, and advocate for your family’s best interests.
What Happens After I Hire a Wrongful Death Lawyer?
By asking the right questions when you talk to a team member from a personal injury law firm, you can gain a better understanding of whether a particular wrongful death lawyer is the best fit for your family.
This is especially important when you are going through such a difficult time. It can be challenging to make informed, careful decisions when you are grieving. Take notes during your consultation and use their answers to decide whether they are a good fit for the case.
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When Is the Right Time to Hire a Wrongful Death Lawyer?
When possible, you want to hire a wrongful death lawyer to manage the case as soon as possible. They will begin protecting your family’s rights and building a strong case as soon as you hire them. This means you can focus on your grief and the emotional distress of your loved ones while the law firm handles the legal process.
Connect With Our Team for a Free Wrongful Death Accident Case Consultation
At Farmer & Morris Law, PLLC, our firm has multiple offices across North Carolina and South Carolina. We provide free consultations and can help you navigate a claim or lawsuit following the death of your loved one. Contact us now to learn more.