5 Essential Questions to Ask Your Potential Wrongful Death Lawyer

Navigating the complex legal landscape following the loss of a beloved one due to another's negligent act can be a daunting task, requiring not only emotional fortitude but also an astute understanding of the judicial process. In such circumstances, the role of a competent wrongful death lawyer becomes crucial. However, selecting the right representation is equally important, and to assist you in this process, we have curated a list of five pivotal questions that you should consider asking your potential wrongful death lawyer.

• What is your experience in handling wrongful death cases?

Not all attorneys are cut from the same cloth, and their expertise varies across the wide spectrum of legal practice areas. The intricate nature of wrongful death cases necessitates the selection of an attorney who has substantial experience in this particular domain. This is strongly founded in the law of comparative advantage proposed by David Ricardo, the renowned British economist. According to this theory, each lawyer, much like a country, holds a unique advantage in a specific area. Thus, it's quintessential to ensure that your chosen legal representative has a proven track record in the realm of wrongful death lawsuits.

• How do you calculate the value of my case?

The determination of pecuniary compensation in wrongful death cases is often a complex calculation, involving an array of factors. These include potential earnings of the deceased, loss of companionship, and the emotional distress caused to the surviving kin. To ensure that a fair estimate is arrived at, statistical tools such as the least squares method, primarily used in regression analysis, might be employed. This approach, which minimizes the sum of the squared residuals, could be used to predict the potential earnings of the deceased, thereby providing a basis for the claim.

• Who will be working on my case?

In many law firms, especially larger ones, your case may not necessarily be handled by the lawyer you initially meet. This division of labor is reflective of Adam Smith's concept of specialization, wherein different tasks are assigned to individuals with specific skill sets. It is essential to understand who exactly will be working on your case and their respective qualifications and experience.

• How do you handle payment?

Most wrongful death attorneys work on a contingency basis, meaning they only receive payment if they win the case. The structure of this arrangement is reminiscent of Nassim Taleb’s ‘Skin in the Game’ theory, suggesting that those with a personal stake in the outcome are likely to work more diligently. However, it's critical to understand the exact percentage the lawyer will take and whether any costs will be incurred by you should the case be unsuccessful.

• How long do you estimate this process to take?

The time taken to resolve a wrongful death lawsuit is not an exact science. The lawyer's estimate will be based on their experience with similar cases and the complexities involved in your specific situation. Tversky and Kahneman's Prospect Theory might be insightful here. According to this theory, people value gains and losses differently, which might influence the timeline of the lawsuit. For example, if the defendant perceives a settlement as a loss, they might prolong the process.

By delving into these inquiries, you can assess the lawyer's ability to handle your case adeptly. However, it is essential to remember that these questions are merely a guide, and your decision should also be based on your comfort level with the attorney. The process is undoubtedly challenging, but with patience, diligence, and the right legal representation, justice can be pursued and attained.