You will want to have questions ready to ask a wrongful death lawyer before hiring one to manage your family’s case against the party that caused your loved one’s death. Their answers will offer a sense of how they handle these cases and ensure they are a good fit for you.
Most Atlanta wrongful death lawyers provide free consultations for individuals and families seeking an advocate to handle their civil cases.
Questions to Ask a Wrongful Death Lawyer During a Free Case Consultation
When you discuss your loved one’s death and your legal rights with an attorney, here are nine essential questions you’ll want to ask during your initial consultation.
1. How Much Experience Do You Have Handling Wrongful Death Cases?
An experienced lawyer provides the best opportunity to get the compensation your family needs and justice for your loved one. Just as you would not want a car accident lawyer handling your divorce or fighting for child custody, so you should not choose someone who usually handles criminal cases or family law to manage your wrongful death claim.
2. Have You Won Cases Similar to Mine?
Wrongful deaths result from multiple causes—from car accidents to swimming pool drownings and motorcycle crashes. You want someone familiar with cases involving the same types of injuries and losses as your loved one endured.
For example, a law firm that handles primarily medical malpractice cases may not have the knowledge and resources to build a compelling truck accident case. Asking about similar cases will also provide insight into their approach.
3. Will You Handle the Case Personally?
You do not want to choose an attorney you like only to have your case handled by a firm associate or deal primarily with a paralegal later. Ensuring you are speaking to the lawyer who will represent you could prevent you from feeling like a victim of a “bait-and-switch” scheme later.
4. What Is Your Approach to Wrongful Death Cases?
Some law firms will settle cases for well below what they might be worth to avoid going to trial. Instead, you want an attorney who will fight for justice, even if that costs time and money. While having a high percentage of settled cases is not a terrible thing, you want to know they are committed to getting maximum compensation for you.
Another way to approach this question is to ask how often they take cases to trial and how they prepare to do so when necessary.
5. Do You Have Access to Expert Witnesses to Support My Case When Necessary?
Most law firms with strong reputations have a network of experts they call on regularly to support and bolster their cases. This list often includes medical professionals, accident reconstruction specialists, economists, and industry experts. The firm builds solid relationships with these experts and uses them as necessary to develop compelling cases for compensation.
6. How Much Do You Charge to Handle Wrongful Death Cases?
What you want is an attorney who clearly outlines a contingency fee plan. You should look for a no-fee guarantee. Moreover, they should not request an upfront payment and only receive payment from the compensation they recover. Finally, you should not have to pay attorney’s fees if they do not win your case.
7. What Types of Damages Will You Pursue for My Family?
Georgia law allows immediate family members filing wrongful death cases to recover money for the “full value of the life of the decedent.” Furthermore, O.C.G.A. § 51-4-1 explains that an award should not deduct “any of the necessary or personal expenses of the decedent” had your loved one lived.
To this end, the attorney should list damages that include:
- Lost income
- Lost benefits
- Loss of household services
- Loss of companionship and care
When applicable, your lawyer should also list the compensation available to the estate after a wrongful death, such as hospital bills related to their injuries, funeral expenses, and the pain and suffering they endured before their death.
8. What Is the Typical Timeline for a Wrongful Death Case?
You cannot expect an exact answer to this question—beware if they offer one! While an attorney can estimate a timeline based on their experience and knowledge of your case facts, there is no way to predict when they might secure a wrongful death payout for your family.
9. What Is the Statute of Limitations for Wrongful Death Cases?
The statute of limitations sets the deadline for filing a lawsuit. Each state sets its statute of limitations. In Georgia, families usually have up to two years from the day their loved one died to begin this process under O.C.G.A § 9-3-33.
For a free legal consultation, call 404-214-2001
What to Know About Free Consultations With Wrongful Death Law Firms
Most personal injury law firms provide free consultations with an attorney or team member. They usually handle wrongful death actions and seek compensation for surviving family members and the decedent’s estate.
You can generally contact the law firm online or via telephone to schedule a free consultation. Your consultation could occur over the phone, via video chat, or in person.
These consultations are confidential, and you are not obligated to hire the firm just because you talked to them about your case.
Who Can File a Wrongful Death Lawsuit in Georgia?
If your loved one died in Georgia, their spouse, children, or parents are usually the parties who file legal action and seek compensation. Alternatively, the executor of the decedent’s will could take legal action.
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Talk to the Kaine Law Team About Your Georgia Wrongful Death Case Today
When your loved one suffers catastrophic injuries and passes away, a wrongful death lawyer is your best resource to ensure you understand your rights and pursue the compensation and justice you deserve. They can handle your case while you mourn.
Kaine Law provides complimentary consultations for families who have lost a loved one due to someone else’s negligence. We can assess your case, answer your questions, and explain our services. Contact us now to get started.
Call or text 404-214-2001 or complete a Free Case Evaluation form
