How To Find a Wrongful Death Attorney

The unexpected loss of a loved one is one of the most devastating losses you can face. The grief can be consuming, and you may have financial and legal matters demanding your attention if you lose a loved one in a fatal accident. 

It’s understandable if you’re feeling overwhelmed, frustrated, and confused about what you should do after your loved one’s wrongful death. A wrongful death lawyer will guide you through the legal issues, fight for you to receive fair compensation, and ensure the parties responsible for your loved one’s death are held accountable. Let’s explore how to find a wrongful death attorney and what you should look for when choosing a lawyer.

Contact our wrongful death attorneys for assistance today.

What Makes a Good Wrongful Death Attorney?

Wrongful death attorneys must have a law degree and a law license issued by their state. Ideally, you should seek a wrongful death lawyer with the skills to perform their tasks. 

Understanding and Compassion

Unfortunately, if you lose a loved one in an accident, you will need to deal with legal matters while grieving. Consequently, you’ll benefit from an attorney who understands your grief. Their compassion can help you cope with depositions and settlement negotiations as your case progresses. 

Read Unthinkable by Kyle Bachus, a wrongful death attorney with personal experience coping with the tragic loss of his mother. Kyle has first-hand experience facing legal issues from a fatal accident while grieving and shares his insights with those in similar circumstances.  

Experience

Look for an attorney with experience handling prior wrongful death cases. These attorneys are familiar with relevant case laws, know how to conduct an accident investigation, and understand what their clients are coping with. Their experience negotiating prior settlements can help them resolve your claim.

Communication

Lack of information can cause frustration and anxiety. Seek a wrongful death attorney with good communication skills. You want to hire someone who keeps you informed about your claim so that lack of communication doesn’t cause you additional stress. 

Approachability and Rapport

You should feel comfortable discussing your case with your attorney. There may be pertinent information you don’t share if you don’t have a good rapport with your attorney.

Character

Your wrongful death attorney should have good character and be a respectable member of the Bar.

Support Staff

Running an accident investigation, preparing legal paperwork, issuing subpoenas, deposing witnesses, and leading settlement negotiations is time-consuming. Look for a lawyer with support staff who can help them handle all the relevant tasks to ensure your case progresses as quickly as possible.

How Can I Find a Good Wrongful Death Attorney?

Consider the following options when searching for a good wrongful death lawyer:

• Colorado Bar Association: Your state’s Bar Association connects to a tool you can use to find licensed wrongful death attorneys.
• Legal news articles: Your city or state news sites may cover verdicts in wrongful death cases. These articles may identify the lawyer who handled the case. 
• Recommendations: Ask anyone who’s filed a personal injury claim because most personal injury lawyers are also wrongful death attorneys. Look for referrals from past clients. Many lawyers include client reviews on their websites. Suppose you have an attorney handling other legal matters, such as a real estate or divorce attorney. Many lawyers know attorneys who handle other legal fields, and you can ask your lawyer to refer you to a wrongful death lawyer. 

Look for Someone With Experience in Your Area 

Look for an attorney with experience in your area. You want to work with someone familiar with local courts.

An attorney familiar with the area where the fatal accident occurred may already know about prior accidents in the location. Proximity to the accident location is another factor to consider if your loved one died in another part of the state.

Interviewing Prospective Lawyers 

Wrongful death attorneys offer free consultations, allowing you to interview them before choosing a lawyer to handle your case. You should use your consultation to ask crucial questions about how they operate to ensure you select the right attorney.

How Does Payment Work?

Look for an attorney who charges contingency fees. These fees are a fixed percentage of the settlement or judgment received. Clients pay no upfront costs and do not pay unless they receive damages through their claim. 

Confirm the expenses and percentage of your compensation the attorney will take as payment. They should handle court filing fees and be reimbursed for those costs after resolving your claim. However, you should have clear documentation outlining acceptable expenses and the percentage your attorney will take before you hire them.

What’s Their Experience Level?

Ask if they’ve negotiated settlements and about their settlement rate. If your attorney has experience negotiating acceptable settlements, you’ll be more confident entering settlement negotiations. 

Ask if they’ve gone to trial and their success rate. You want a lawyer prepared to go to trial if settlement negotiations fail. You also want a lawyer who’s won trials because it shows they have the skills to persuade a jury.

Are They Facing Legal Issues or Issues with the Bar Association? 

Ask if they have outstanding legal issues and if they’ve had any issues with the Bar. A lawyer facing legal issues or problems with their state’s Bar Association may have their law license suspended or revoked. 

How Can a Wrongful Death Attorney Help?

Your wrongful death attorney performs many crucial tasks while resolving your case.

Confirm Ability to File  

In Colorado, a decedent’s spouse can file a wrongful death claim immediately. Other family members, such as dependents, must receive permission to file immediately or wait. Your attorney will confirm when you can file your claim. 

Investigate 

Your attorney will investigate the fatal accident. They will refer to existing documents, such as a police report, but also seek video footage, witness testimony, and other evidence that proves who was at fault. Bachus & Schanker has a Victims’ Advocate team that helps with investigations and gathers relevant evidence while building your case. 

Provide Legal Guidance 

Some wrongful death cases may also involve criminal charges. Your attorney can explain how the criminal charges affect your claim and what to expect as the criminal and civil cases progress.

Calculate Damages 

Your attorney will help calculate appropriate damages to seek from your wrongful death claim. Damages include reimbursement for expenses, such as:

• Burial costs
• Childcare expenses
• Funeral costs 
• Lost income
• Medical bills 
• Property damage

Your lawyer will also identify grounds for non-economic damages, which can include some or all of the following:

• Anxiety
• Depression
• Loss of companionship 
• Loss of consortium
• Loss of quality of life
• Pain and suffering
• PTSD

If appropriate, your lawyer will also seek punitive damages.

Negotiate a Settlement

Settlement negotiations are an opportunity to resolve your claim without going to trial. If negotiations are unsuccessful, your attorney will argue your case in court.

Schedule a Free Consultation With Our Wrongful Death Attorneys Today

Kyle Bachus understands how stressful a trial can be and will strive to get you the justice you deserve as quickly as possible. He’ll update you throughout the process, ensuring you make informed decisions until you get fair compensation.

Schedule a free consultation. 

Sources:

Colorado Bar Association. (2024). 

Jent, B. (2024). Settlement approved in wrongful death lawsuit against Colorado Springs firefighter.

Lawyers. (2024).