Choosing a wrongful death attorney is one of the most important decisions your family will make during an already devastating time. The lawyer you hire will shape how your case is investigated, how aggressively your claim is pursued, and ultimately what compensation your family recovers.
Asking the right questions during your initial consultation can help you evaluate whether an attorney is truly the right fit.
At Anderson Blanda & Saltzman, our Lafayette wrongful death lawyers welcome these conversations. We believe families deserve complete, honest answers before making any commitment. Here is a guide to the most important questions to ask and what to listen for in the responses.
How Much of Your Practice Is Devoted to Wrongful Death Cases?
Wrongful death cases involve a unique set of legal requirements, from identifying the proper plaintiffs under Louisiana Civil Code Article 2315.2 to correctly calculating the full range of damages available to each surviving family member. An attorney who regularly handles wrongful death cases will understand these nuances far better than one who takes them on only occasionally.
Ask specifically how many wrongful death cases the attorney has handled, and whether they have experience with cases similar to yours in terms of cause of death, such as car accidents, trucking collisions, workplace incidents, or medical negligence.
What Is Your Trial Experience?
Many personal injury attorneys settle the vast majority of their cases and rarely, if ever, go to trial. That is not always a problem, since most cases do resolve before trial. But insurance companies and defense attorneys know which lawyers are willing to take a case to a jury and which ones are not. A lawyer with genuine trial experience is often in a stronger negotiating position because the other side knows the threat of trial is real.
Ask how many cases the attorney has taken to verdict, and specifically how many wrongful death or serious personal injury cases they have tried before a jury. At Anderson Blanda & Saltzman, our attorneys have handled more than 60 jury trials and have recovered more than $300 million for our clients.
What Is Your Assessment of My Case?
A reputable wrongful death attorney will give you an honest evaluation of your case during the initial consultation, including the strengths of your claim, the challenges you may face, and a realistic picture of what compensation might look like. Be cautious of any attorney who promises a specific outcome or guarantees a settlement amount without first reviewing the evidence.
A candid assessment, even if it includes difficult news, is a sign that an attorney is trustworthy and will give you straightforward guidance throughout the process rather than simply telling you what you want to hear.
Who Will Actually Handle My Case?
At larger firms, the attorney you meet during your consultation may not be the one primarily working on your file day to day. Some firms hand cases off to junior associates or paralegals after the initial meeting. This is not inherently wrong, but you deserve to know up front who will be managing your case, who your primary point of contact will be, and how involved the senior attorney will be.
Ask directly: will the attorney you are meeting with be the one handling your case? How often will you receive updates? Who should you call if you have questions?
How Do You Charge for Wrongful Death Cases?
Most personal injury and wrongful death attorneys in Louisiana work on a contingency fee basis, meaning they do not charge upfront fees and only get paid if they recover compensation for you. However, the specific percentage can vary, and some firms pass certain costs back to the client regardless of outcome.
Ask what percentage the attorney takes as a fee, how litigation expenses are handled, and whether you would owe anything if the case does not result in a recovery. Get this information in writing before signing a retainer agreement.
How Long Do I Have to File a Wrongful Death Claim?
Any wrongful death attorney you consult should be able to explain Louisiana’s filing deadlines clearly and accurately. Under Louisiana Civil Code Article 2315.2, the prescriptive period is one year from the date of death or two years from the date of the injury that caused the death, whichever is longer.
Be cautious of any attorney who simplifies this to just “one year” without acknowledging the two-year alternative, as an incomplete understanding of this deadline could put your family’s claim at risk.
An important exception applies to wrongful death cases arising from medical malpractice, where the prescriptive period is one year from the date of death with no two-year alternative.
How Will You Communicate With My Family Throughout the Case?
Wrongful death cases can take months or years to resolve, and families deserve to be kept informed throughout the process. Ask how the attorney prefers to communicate, how frequently you can expect updates, and how quickly calls and messages are typically returned.
An attorney who is difficult to reach or slow to respond during the consultation phase is unlikely to become more responsive after you sign a retainer.
What Resources Does Your Firm Bring to This Case?
Building a strong wrongful death case often requires more than legal knowledge alone. Depending on the circumstances of your loved one’s death, your attorney may need to work with accident reconstruction specialists, medical experts, economists, or life care planners to document and present your family’s losses fully.
Ask whether the firm has access to these resources, how they select and work with expert witnesses, and whether the firm advances those costs during litigation.
What Happens If We Cannot Reach a Settlement?
Most wrongful death cases settle before trial, but not all of them do. Your attorney should be prepared to take your case to court if the responsible party’s insurer refuses to offer fair compensation. Ask directly what happens if settlement negotiations fail and whether the attorney has the capacity and willingness to see your case through to a jury verdict if necessary.
Talk to the Anderson Blanda & Saltzman Team
Choosing the right Lafayette personal injury attorney is a decision that deserves careful thought. At Anderson Blanda & Saltzman, we bring more than 100 years of combined experience, a 99% success rate, and over $300 million recovered for our clients to every case we take on. We are based in Lafayette and serve families throughout Acadiana and across Louisiana.
To schedule a free consultation, contact us through our contact page or call us at (337) 233-3366.