How to Choose a Wrongful Death Attorney in Dallas
To choose a wrongful death attorney in Dallas, TX, focus on three key factors: trial experience, a strong settlement and verdict track record, and transparent contingency fees. Look for an attorney who has experience handling complex wrongful death claims, is prepared to take a case to trial when necessary, and clearly explains attorney fees and case expenses before representation begins.
Why Does Trial Experience Matter in a Wrongful Death Case?
Trial experience matters because insurance companies may refuse to offer a fair settlement, making litigation necessary. A lawyer who is prepared to present a case to a jury can continue pursuing compensation when negotiations reach an impasse.
Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death action may arise when a person’s death results from another party’s wrongful act, neglect, carelessness, unskillfulness, or default. Proving that responsibility can require extensive evidence, expert testimony, depositions, and ultimately a trial when liability or damages are disputed.
When comparing attorneys, ask about their courtroom experience and whether they regularly prepare serious injury and wrongful death cases for trial.
What Settlement Track Record Should You Look For?
Look for documented settlements and verdicts involving serious injuries and fatalities. Past results cannot guarantee the outcome of a new case, but they demonstrate whether an attorney has experience handling substantial claims.
Benton Accident & Injury Lawyers has recovered millions of dollars for clients. A proven record of successful outcomes can demonstrate a lawyer’s experience handling complex, high-value claims.
How Do Contingency Fees Work in Wrongful Death Cases?
A contingency fee means you generally do not pay an attorney fee upfront. Instead, the lawyer receives an agreed-upon percentage of the settlement or verdict if the case results in compensation.
Before hiring an attorney, ask:
- What percentage of the recovery becomes the attorney fee?
- Does the percentage change if the case goes to trial?
- Who advances litigation and expert witness expenses?
- How are case expenses deducted from the recovery?
These questions help families understand the financial arrangement before signing a representation agreement.
How Important Are Communication and Personal Attention?
Communication is an important consideration when choosing a wrongful death attorney because these cases can involve lengthy investigations, negotiations, and litigation. You should understand who will handle your case, how often you can expect updates, and how easily you can reach your legal team with questions.
During an initial consultation, pay attention to whether the attorney explains the process clearly and takes time to understand your family’s concerns.
What Questions Should You Ask a Dallas Wrongful Death Attorney?
Ask questions that reveal the lawyer’s experience, approach, and ability to handle the case through settlement or trial. A consultation is an opportunity to compare attorneys before choosing who will represent your family.
Consider asking:
- Have you handled wrongful death cases like mine?
- What wrongful death settlements or verdicts have you obtained?
- Who will personally handle my case?
- Are you prepared to take the case to trial?
- How will you communicate updates?
- How does your contingency fee work?
The attorney’s answers should provide a clear picture of how the firm would approach your case.
Frequently Asked Questions
Will I Work Directly With the Attorney I Hire?
It depends on the firm. During your consultation, ask who will handle negotiations, answer your questions, and make important decisions about your wrongful death case.
Does a Larger Law Firm Mean Better Representation?
Not necessarily. Firm size matters less than the attorneys’ experience, resources, responsiveness, and ability to devote appropriate attention to your family’s case.
What Should I Bring to an Initial Consultation?
Bring any available accident reports, insurance correspondence, photographs, medical records, witness information, and other documents related to your loved one’s death. The attorney can identify what additional evidence is needed.
Can I Change Attorneys During a Wrongful Death Case?
Generally, clients can change attorneys after a case has started. However, existing fee agreements, attorney liens, case expenses, and the timing of the change may need to be addressed.
Contact a Dallas Wrongful Death Attorney at Benton Accident & Injury Lawyers for a Free Consultation
Choosing the right attorney can affect how a wrongful death case is investigated, negotiated, and litigated. We have recovered millions for clients.
For more information, please contact the experienced Dallas wrongful death lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861
About the Author
Jeff BentonJeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.
