How to Choose the Right Wrongful Death Attorney for Your Case

The loss of a loved one due to the negligence or deliberate actions of someone else can be an incredibly traumatic experience. During such tragic times, it becomes essential to hire a wrongful death attorney who can help you secure compensation for your loss(es). However, selecting the right attorney can be overwhelming, considering the emotional burden and legal intricacies involved. This blog aims to assist you in the process of choosing the most suitable wrongful death attorney by offering guidance and ensuring that you have the necessary support and expertise to handle your case successfully.

Understand the Importance of Experience

Wrongful death cases involve unique variables not present in other injury actions.  

In Arizona, a wrongful death claim is a single claim shared by all eligible surviving survivors/beneficiaries. 

Under Arizona law, surviving biological or adoptive parents, spouses, biological, and adopted children can pursue a wrongful death claim. Sadly, surviving siblings, fiancés, step-parents and step-children are not deemed statutory survivors (aka “beneficiaries”) under Arizona law. 

Having to share in a single wrongful death claim can create issues as all eligible beneficiaries may not agree to the same proposed split of available settlement proceeds/policy limits between them. This can create conflicts of interests for attorneys seeking to represent multiple and/or all eligible claimants.

Insurance companies for the person whose negligence caused the death of your loved one, will not, and cannot, settle with only some, but not all, individual statutory beneficiaries. They will negotiate, offer, or issue a global settlement for all eligible statutory beneficiaries, with the beneficiaries (and/or their attorneys) tasked with agreeing on how to divide the global settlement between them. 

Beneficiaries need not get equal shares. For example, the surviving spouse of an adult decedent (who counted on his/her deceased spouse for financial support) may deserve/warrant a greater share than that adult decedent’s parents who was not provided any financial support by their deceased. A surviving minor child of an adult decedent may be entitled to a larger share than the decedent’s surviving parents.

As you can tell from the above examples, navigating how to divide a single wrongful death claim between all eligible beneficiaries can be both tricky and challenging. 

Therefore, when searching for an attorney, focus on those who have significant experience handling wrongful death claims. They will have the necessary expertise to handle your case effectively. Look for attorneys who have a successful track record in handling wrongful death cases, with positive outcomes for their clients. Experienced wrongful death attorneys understand the nuances of wrongful death laws and claims, are familiar with relevant precedents, and can build a strong case on your behalf. 

Research attorneys who have a substantial amount of experience in this particular field of law. Conduct thorough research into their background, education, and the number of years they have been practicing. Furthermore, it is important to consider their reputation within the legal community. Seek referrals from trustworthy sources, read online reviews, and check for any disciplinary actions or complaints filed against them. An attorney with a positive reputation is more likely to have the respect of opposing counsel and judges, which can greatly influence the outcome of the case.

It is also advisable to consider an attorney’s style of communication. It is crucial to have effective communication throughout the legal process. When seeking legal advice, it is important to consider how well they listen to your concerns. A competent attorney should be responsive, keeping you updated on the status of your case and addressing your inquiries promptly. Additionally, personal compatibility is vital. You should choose an attorney whom you trust, feel at ease with, and can establish a good rapport with. The attorney-client relationship is like a partnership, and working with someone you have a personal connection with can greatly impact the outcome during this difficult period.

Evaluate Resources and Support

Wrongful death cases often require substantial resources and support. Assess whether the attorney you are considering has access to the necessary resources, such as investigators, medical experts, and financial analysts. These professionals can provide valuable insights and strengthen your case. Additionally, consider the attorney’s caseload and the support they have available. Ensure they have the bandwidth to give your case the attention it deserves, as overloaded attorneys may struggle to dedicate enough time and resources to your situation.

Discuss Fee Structure and Costs 

Before finalizing your decision, discuss the attorney’s fee structure and costs associated with your case. Many wrongful death attorneys work on a contingency fee basis, meaning they only collect payment if they win your case. This arrangement can be advantageous, as it aligns the attorney’s interests with yours. However, ensure you fully understand the percentage the attorney will take from your eventual settlement or award. Additionally, discuss any additional costs you may be responsible for, such as court fees, expert witness fees, or administrative expenses. Transparency in discussing fees and costs will help you avoid any surprises down the line.

Conclusion 

Choosing the right wrongful death attorney is a critical decision that can significantly impact the outcome of your case. By considering specialization, experience, reputation, communication, resources, and fee structure, you can make an informed choice. Remember to trust your instincts and select an attorney whom you feel confident will fight for your rights and provide the support you need during this difficult time. With the right attorney by your side, you can seek justice for your loved one and obtain the compensation you deserve.

Book a Free Consultation With Our Trusted Wrongful Death Attorney In Phoenix

As a victim of a Wrongful Death in Phoenix, our legal team at Lebovitz Law Group can help you get maximum compensation from the negligent party. We work on a contingency fee basis, meaning you don’t pay us until we win your case. Contact us today for a free case review. Call 602-975-5550.