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.

Losing someone to another person's or company's negligence is devastating enough without also having to gamble on the wrong lawyer, so it's worth being deliberate about who you hire. A few things I'd look for:

Trial experience, not just settlement experience. Insurance companies and defense attorneys know the difference between a lawyer who has actually tried cases to a jury and one who has only ever negotiated settlements, and they price their offers accordingly. At our firm, I've personally tried over 100 jury trials in Texas state and federal courts, and we prepare every wrongful death case as if it's going to trial from day one — not because we necessarily want to try every case, but because that preparation is exactly what pushes the other side to offer what the case is actually worth.

Genuine familiarity with Texas's wrongful death and survival statutes, which are more nuanced than people expect. Texas actually has two separate claims running alongside each other after a death: a wrongful death claim for the surviving spouse, children, and parents (covering things like loss of companionship, mental anguish, and loss of the financial support the person would have provided), and a separate survival claim brought through the estate for what the deceased person themselves could have claimed — medical bills, funeral and burial costs, and their own pain and suffering before death. A lawyer who doesn't handle both pieces correctly can leave real money on the table.

The resources to actually build the case. Wrongful death cases often require accident reconstructionists, economists to calculate lifetime lost income and support, and medical or safety experts, all of which cost real money to retain before a case ever resolves. That's a resource question as much as a skill question — you want a firm that can front those costs and go the distance, not one that has to settle early because it can't afford to develop the case fully.

A track record you can actually verify, not just promises. We handle wrongful death cases arising from drunk and distracted driving, commercial trucking, motorcycle and pedestrian accidents, workplace and construction deaths, medical malpractice, defective products, and boating, train, and plane accidents — and our results are public. In one case, a family we represented recovered $1,035,780.80 after we proved the death was caused by employer negligence rather than an equipment defect the employer tried to blame it on. We've built up more than 1,100 client reviews over the years, which gives you something concrete to look at rather than just a firm's own description of itself.

Compassion and real communication, because these cases are personal in a way most legal matters aren't. You want a lawyer who treats a grieving family like people, not a file number, and who will actually explain what's happening at each stage rather than going dark for months.

A fee structure that doesn't add to your family's burden. We work on contingency — we don't get paid unless you get paid — so there's no upfront cost to have a case evaluated or pursued.

And finally, local roots and courtroom reputation in Texas specifically. We're headquartered in Fort Worth with offices in Dallas, Southlake, and Houston, with more than 70 team members, and I also teach as adjunct faculty at Baylor Law School — which matters less as a credential and more because it reflects the kind of ongoing engagement with how these cases are actually litigated that you want in the lawyer handling your family's case.

One practical note: Texas generally gives you two years from the date of death to file a wrongful death claim, so don't wait too long to have a lawyer evaluate the case even while you're grieving.

This is general information, not legal advice for your specific situation.