Loss of a loved one is one of the worst, most challenging experiences a person can experience. If due to negligence or malpractice, the loss and injustice can feel overwhelming. You and your family have the right to seek accountability, but navigating the legal process can be daunting. Therefore, you need to know how to find a wrongful death attorney for your malpractice case who will advocate for your rights with empathy, expertise, and professionalism.
What Does a Wrongful Death Attorney Do?
A wrongful death attorney has expertise in cases where negligence or malpractice causes death. These cases present unique legal issues and should only be handled by attorneys with significant experience in this area.
The New York wrongful death statutes (in the “Estates Powers and Trusts Law”) establish the legal elements of a wrongful death claim, and define who may recover compensation. If the proper steps are not followed (such as appointing a proper Estate “representative”) and properly framing the Complaint, a case can be procedurally defective, and dismissed without ever reaching the merits.
In addition, the interplay of “wrongful death” laws (and procedure) and medical malpractice law create further legal issues, when a death is due to medical malpractice. For example, different time periods to sue (“statutes of limitation”) apply to “wrongful death” damages, as distinct from damages recoverable under “medical malpractice.” So an attorney handling a case of malpractice causing death must track the time periods for both aspects of the case, and frame the legal pleadings to distinguish between the two different (legal) aspects of claim.
In addition, an attorney experienced in handling wrongful death must have the knowledge, and sensitivity, to understand the severity of loss to a grieving family. And the attorney must understand how to present these claims in Court so as to allow a jury to understand the unique, human losses involved.
How to Find a Wrongful Death Attorney
We recommend a few steps to finding a suitable attorney for a wrongful death case:
1. Seek Recommendations and Do Research
Ask trusted friends if they’ve worked with an attorney in a case involving death. They may not have done so directly, but may know someone who has. Personal recommendations can offer valuable insight into an attorney’s experience and approach.
Additionally, research online—look for attorneys in your area who have explicit, recognized experience in wrongful death cases.
2. Verify Experience and Expertise
A wrongful death case requires an attorney who is well-versed in the legal principles and presentation of these claims. Ask questions such as:
- How much experience do you have in wrongful death cases?
- What is your approach to these cases?
- What were the outcomes of similar cases you’ve managed?
Experienced attorneys will be transparent should be able to provide specific examples of cases they’ve worked on.
3. Focus on Empathy and Communication
Navigating a wrongful death is also a deeply personal matter. Often there will be sensitive family issues involved as well. During initial consultations, evaluate how the attorney communicates with you. Do they convey maturity and competence? Do they seem to have appropriate empathy toward your situation?
4. Consider Their Support Team
Wrongful death cases often require extensive investigation, expert witnesses, and sophisticated presentation in Court. Ask if the attorney has access to the right resources to build a strong case.
Key resources may include:
- Competent and responsive support staff.
- Access to top medical or technical experts
- Financial analysts to calculate damages
The answers should give you confidence that the attorney is well-supported, and can assemble the proper team (including experts) to give your case receives the attention it deserves.
5. Evaluate Ethical Practices
Trustworthy attorneys are transparent to their clients, and effective for their clients. Look for attorneys who demonstrate high ethical standards, who not looking for shortcuts, and who take their obligations to a grieving family seriously.
Ensure they provide a clear outline of their fee structure. Many wrongful death attorneys operate on a contingency basis, meaning they only collect payment if you receive compensation. The attorney should able to explain their fee in a way you understand.
Look out for “red flags” with statements like “we’ll win big for you.” A serious case requires thoughtful, strong advocacy, but it shouldn’t be purely a business matter to the attorney. If an attorney seems to be too much about “the money” then they may not value their responsibilities to the client either.
6. Schedule a Consultation
After you’ve looked for personal recommendations and done your research, schedule a consultations with a potential attorney. Many law firms provide an initial consultation at no cost for wrongful death cases. Use this time to discuss the details of your case and assess whether the attorney is a good fit for your needs.
Prepare questions such as:
- Do you think this is a proper case to bring and why?
- What will the process be like for me and my family?
- What is the estimated timeline for resolution?
Trust your intuition—select an attorney you feel comfortable working with and confident in their ability to represent you.
What to Expect After Meeting With The Attorney
After an initial meeting an attorney will not typically file a case right away. Although the attorney may have an initial opinion that the matter is likely to merit suit, they will still need to evaluate records. And, they will need ensure that a proper Estate representative is appointed, before filing suit.
But if you’ve done your research, and asked the right questions, you will have taken the most important first step.
If you have questions about what you believe was a wrongful death, please feel free to contact our office, and we’ll do our best, in a no-cost consultation, to answer the questions you have.
