What Qualities Should I Look For In A Wrongful Death Lawyer?

If you’re asking this question, it means the world has shifted on its axis for you, and not in a good way. In my twenty year of practice, I’ve learned that a wrongful death case isn’t just a "lawsuit"—it’s a search for the truth when the person who should be telling it is gone.

You don’t need a face on a billboard; you need a someone who has experience walking hand-in-hand wtih a client through the entirety of a very difficult process. Here is what I think you should be looking for when the stakes couldn't be higher.

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1. A "Trial" Mentality

Many lawyers in this state are "settlement mills." They take on a lot of cases, send some letters, and take whatever the insurance company throws at them so they can move to the next one. 
Ask them, "When was the last time you took a case to a jury verdict?"  If they start talking about "efficient resolutions," keep meeting with attorneys. You want someone the insurance companies know will try a case. If the defense knows a lawyer won't go to the courthouse, the settlement offer will always be pennies on the dollar.

2. A "War Chest" for Expenses

Texas is a big state, and litigating a death case is expensive. Between accident reconstruction experts, medical experts, and other experts, a case may easily cost six-figures just to get a case to the front door of the courthouse. You need a firm with the liquidity, and appetite, to fund the fight. If a lawyer is worried about the cost of a deposition, they’re going to look for the easy way out, and that's usually at your expense.

3. Deep Knowledge of Texas Tort Reform and Current Case Law

This isn't the Wild West anymore. Since the 2003 "reforms" and 30 years of case law going against Plaintiffs, Texas has some of the most complex (and frankly, frustrating) laws regarding damages and liability in the country. You need someone who understands the nuances of Texas Law. They need to know how to navigate "comparative negligence"—because you can bet your boots the defense is going to try to blame your loved one for their own passing.

4. Direct Access

If you call a firm and you can’t get past a legal assistant or a "case manager," hang up.  In a wrongful death case, your lawyer needs to know the heartbeat of your family. They need to know what was lost—not just the case number, but the Saturday mornings, the advice, and the presence. You can’t relay that through a 22-year-old intern. You deserve the partner, not the paralegal.

5. Risk Tolerance

A good Texas trial lawyer works on a contingency fee. If they don't win, they don't get paid, and they lose the money they invested in the case.  This ensures their interests are aligned with yours. If they aren't willing to bet on your case with their own firm's checkbook, why should you trust them with your family's future?

Trust your gut. When you sit across from a lawyer, ask yourself:  Do I want this person telling my family's story to twelve strangers in a jury box? If the answer isn't a "Hell yes," then they aren't the one. 

You’re grieving, and the legal system is cold. Find someone who can be your advocate.