Losing a loved one is devastating. Losing them due to someone else’s negligence compounds grief with anger, confusion, and a desperate need for answers and justice.
As you navigate this impossibly difficult time, you may be considering a wrongful death lawsuit. It’s one of the most important legal decisions your family will make, and one of the hardest to make while grieving.
How do you choose the right attorney when you’re emotionally overwhelmed, unfamiliar with legal processes, and vulnerable to promises that sound too good to be true?
The answer is asking the right questions. An experienced, qualified wrongful death attorney, like the ones at Decker Law, will welcome your scrutiny and answer these questions confidently and honestly.
If you need help navigating a wrongful death, call Decker Law at 757-622-3317 to schedule your free consultation.
Here are seven essential questions to ask every wrongful death attorney you interview, and why their answers matter.
1. How Much Wrongful Death Trial Experience Do You Have?
Why this question matters: Most personal injury cases settle before trial, but wrongful death cases often proceed to trial because defendants, especially hospitals, trucking companies, insurance companies, and corporations, fight harder when larger sums are at stake.
Your attorney must be genuinely prepared to take your case to trial if settlement negotiations fail. Many attorneys market themselves as “trial lawyers” but haven’t tried a case in years. Insurance companies know which attorneys are bluffing and which ones will actually fight in court.
What to ask specifically:
- “How many wrongful death cases have you personally tried to verdict?”
- “When was your last wrongful death trial, and what was the outcome?”
- “What percentage of your wrongful death cases go to trial versus settle?”
- “Have you tried cases in Norfolk Circuit Court? Virginia Beach? Chesapeake?”
What good answers sound like:
- Specific numbers (“I’ve tried 12 wrongful death cases to verdict in the past five years”)
- Recent trial experience (“My last wrongful death trial was eight months ago in Norfolk Circuit Court, a $2.1 million verdict”)
- Honest acknowledgment that most cases settle but confidence about trial readiness (“While 90% settle, we prepare every case as if it’s going to trial, and defendants know we’re not afraid of the courtroom”)
Red flags:
- “I’ve been practicing for 20 years” (doesn’t answer the question)
- “We always settle. We never have to go to trial.” (means defendants don’t take them seriously)
- Vague answers without specifics
- No recent trial experience
2. Can You Share Results from Your Wrongful Death Cases?
Why this question matters: Past results don’t guarantee future outcomes, but they demonstrate capability, experience, and track record with cases similar to yours.
What to ask specifically:
- “Can you share examples of wrongful death cases you’ve handled, their outcomes, and how they’re similar to mine?”
- “What’s the largest wrongful death settlement or verdict you’ve obtained?”
- “Have you handled cases involving [specific cause of death—medical malpractice, car accident, workplace negligence, etc.]?”
What good answers sound like:
- Specific case examples with details (while respecting client confidentiality): “We represented a family whose father died in a commercial truck accident on I-64. Medical bills and funeral expenses totaled $85,000. We recovered $1.8 million through settlement.”
- Honest about case types: “We’ve handled 30+ wrongful death cases, about half from car/truck accidents, a quarter from medical malpractice, and the rest from workplace accidents and premises liability.”
- References available: “With their permission, I can connect you with families we’ve represented who are willing to discuss their experience with our firm.”
Red flags:
- Refuses to discuss case results at all
- Guarantees specific outcomes (“I’ll get you $2 million”)
- Claims every case is a “huge success” with no honest discussion of challenges
- Can’t cite any cases similar to yours
Ethical note: Attorneys must clarify that past results don’t guarantee similar outcomes in your case. Be suspicious of anyone who promises specific results.
3. How Does Your Fee Structure Work, and What Will This Cost My Family?
Why this question matters: You’re already facing funeral expenses and lost income. Understanding attorney fees upfront prevents surprise bills and financial stress.
What to ask specifically:
- “Do you work on contingency, and what percentage do you charge?”
- “Are costs deducted before or after your fee is calculated?”
- “What costs should I expect (expert witnesses, court filing fees, depositions)?”
- “What happens if we lose, do I owe anything?”
What good answers sound like:
- Clear contingency fee explanation: “We work on contingency. We advance costs, and you pay nothing unless we recover compensation for your family.”
- Transparency about cost deduction: “Costs are deducted from the settlement before we calculate our fee” OR “Our fee is calculated first, then costs are reimbursed”—either is fine, but you need to know which.
- Realistic cost projections: “Wrongful death cases typically cost $50,000-$150,000 to litigate: expert witnesses, depositions, medical record reviews. We advance all of these costs. You’re not responsible for them unless we win.”
- Zero risk to you: “If we don’t recover money for your family, you owe us nothing, no attorney fees, no reimbursement for costs we advanced.”
Hypothetical calculation to request: “If we settle for $500,000, how much does my family receive?”
- Settlement: $500,000
- Costs advanced by attorney: $75,000
- Attorney fee (33%): Varies based on whether costs come off top first
- Method 1: $500K – $75K costs = $425K × 33% fee = $140,250 fee; family nets $284,750
- Method 2: $500K × 33% fee = $165K; $500K – $165K – $75K = $260K to family
- Ask which method they use and get it in writing
Red flags:
- Vague about fees or costs
- Asks you to pay costs upfront
- Unclear about what happens if you lose
- Fee agreement too complex to understand
4. What Resources Does Your Firm Have for Complex, Expensive Cases?
Why this question matters: Wrongful death cases are among the most expensive to litigate. You need a firm with the financial resources to fund your case through trial and the expertise to handle complex medical, economic, and liability issues.
What to ask specifically:
- “Can your firm afford to advance $100,000+ in case costs and wait 2-3 years for recovery?”
- “Do you have relationships with expert witnesses: life care planners, economists, accident reconstructionists, medical experts?”
- “How many attorneys and staff members would work on my case?”
- “Have you handled wrongful death cases against large defendants like hospitals, corporations, or government entities?”
What good answers sound like:
- Financial stability: “We have the resources to fully fund complex wrongful death litigation. We’ve advanced over $200,000 in a single case and can handle whatever your case requires.”
- Expert network: “We work with leading life care planners, forensic economists, and medical experts nationally. For your type of case, we’d likely retain [specific types of experts] to establish causation and calculate damages.”
- Team approach: “Your case would be handled by me as lead attorney, plus an associate attorney and paralegal. You’ll have a dedicated team, not just one overworked lawyer.”
- Big defendant experience: “We’ve taken on healthcare systems, national trucking companies, and government entities. We’re not intimidated by well-funded defendants with unlimited legal resources.”
Red flags:
- Solo practitioner with no staff (may lack resources for complex cases)
- Has never handled cases against major corporations or hospitals
- Vague about expert witnesses
- Seems overwhelmed by case complexity
5. How Familiar Are You with Norfolk and Hampton Roads Courts?
Why this question matters: Local knowledge matters. An attorney who practices regularly in Norfolk Circuit Court, Virginia Beach Circuit Court, and Chesapeake courts knows the judges, understands local jury pools, and has working relationships with opposing counsel.
What to ask specifically:
- “How often do you practice in Norfolk Circuit Court?”
- “Are you familiar with the judges who might hear my case?”
- “What’s your experience with Hampton Roads juries?”
- “Do you have relationships with local expert witnesses and medical providers?”
What good answers sound like:
- Regular local practice: “We’re in Norfolk and Virginia Beach Circuit Courts multiple times per month. We’ve appeared before every local judge handling civil cases.”
- Local network: “We work with local accident reconstruction experts, Virginia-based medical experts who’ll testify here, and economists familiar with Hampton Roads employment markets.”
Red flags:
- Based in Richmond or Northern Virginia with no local presence
- Unfamiliar with Hampton Roads courts
- Plans to “handle everything remotely”
- Doesn’t know local judges
6. How Will You Communicate with Our Family Throughout This Process?
Why this question matters: Wrongful death cases take 1-3 years from filing to resolution. During this emotionally exhausting time, you need an attorney who communicates compassionately, keeps you informed, and respects your grief while pursuing justice.
What to ask specifically:
- “How often will you update me on case developments?”
- “Will I work directly with you or be passed to paralegals?”
- “How quickly do you typically return phone calls and emails?”
- “How do you handle family disagreements about settlement or case strategy?”
- “Will you explain legal procedures in plain language I can understand?”
What good answers sound like:
- Regular communication commitment: “I’ll update you monthly at minimum, and immediately when significant developments occur. You’ll never wonder what’s happening with your case.”
- Direct attorney access: “You’ll have my direct phone number and email. While my paralegal may handle routine questions, I personally communicate all major decisions and strategy discussions.”
- Reasonable response times: “I return calls within 24 business hours. If I’m in court, my assistant will let you know when to expect my call.”
- Family mediation skills: “When family members disagree, which is normal and understandable, I facilitate conversations to help you reach consensus. My job is to protect everyone’s interests and ensure all voices are heard.”
- Plain language promise: “I’ll never hide behind legal jargon. If you don’t understand something, please ask. I’ll explain it in everyday language.”
Red flags:
- “You’ll work with my paralegal, not me directly”
- Slow to return calls during consultation period (if they’re unresponsive now, imagine later)
- Impatient or condescending when you ask questions
- Doesn’t acknowledge the emotional difficulty of the process
Compassion matters: Your attorney will ask you painful questions about your loved one’s death, your relationship, and your suffering. They need both legal skill and emotional intelligence to guide you through this respectfully.
Helping people is what we do. If you need help navigating a wrongful death, call Decker Law at 757-622-3317 to schedule your free consultation.
7. Can You Provide References from Families You’ve Represented?
Why this question matters: Speaking with families who’ve walked this path before you provides insight no consultation can offer. They’ll tell you what it’s really like to work with this attorney during the hardest time of their lives.
What to ask specifically:
- “Can you provide contact information for past wrongful death clients willing to speak with me?”
- “Do you have written testimonials or Google reviews I can read?”
- “Are there any families you’ve represented who’ve given you permission to use as references?”
What good answers sound like:
- “With their permission, I can connect you with three families I’ve represented in wrongful death cases. They’ve agreed to speak with potential clients about their experience with our firm.”
- “We have testimonials on our website from families who’ve chosen to share their stories. I can also provide written permission to contact specific clients if you’d like to speak directly.”
What you’ll learn from references:
- Was the attorney responsive and compassionate?
- Did the attorney keep promises made during the initial consultation?
- How long did the case take?
- Were there surprise costs or issues?
- Would they hire this attorney again?
- Did the attorney prepare them for the emotional toll of litigation?
Red flags:
- Refuses to provide any references
- “I can’t share that information” (some confidentiality applies, but many clients voluntarily agree to serve as references)
- Only provides references from 10+ years ago
Questions You Should Ask Yourself After Each Consultation
Beyond asking attorneys questions, reflect on these after each meeting:
- Did I feel heard and respected? You need an attorney who listens more than they talk.
- Did they explain things clearly? Legal concepts should be understandable, not confusing.
- Do I trust this person with my family’s most important case? Trust your instincts.
- Did they rush me or pressure me to sign? Good attorneys give you time to decide.
- Did they promise outcomes or set realistic expectations? Beware of guarantees.
We Welcome Your Questions and Encourage You to Interview Others
At Decker Law, we believe informed families make better decisions. We welcome every question on this list and any others you’d like to ask.
We encourage you to interview multiple wrongful death attorneys before making your choice. This is too important a decision to make based on one consultation. Compare experience, approach, and your comfort level with each firm.
When you call us at 757-622-3317 for a free consultation, our attorneys will:
- Answer all of your questions honestly and completely
- Provide specific examples of our wrongful death case results
- Explain our fee structure in writing
- Give you time to make your decision without pressure
- Provide references from families we’ve represented (with their permission)
Our confidence comes from our track record. We’ve represented dozens of Hampton Roads families in wrongful death cases against hospitals, trucking companies, negligent drivers, and corporations. We’ve obtained significant settlements and verdicts, and we’ve done it with compassion for grieving families.
You Deserve an Attorney Who Earns Your Trust
Your loved one’s death deserves justice. Your family deserves compensation for your devastating loss. And you deserve an attorney who combines legal excellence with human compassion.
Use these seven questions to find that attorney. Call multiple firms. Compare answers. Trust your instincts.
When you’re ready to speak with Decker Law, we’re here ready to answer your questions, evaluate your case, and fight for your family.
We’re deeply sorry for your loss. When you’re ready, we’re here to help.
Call Decker Law at 757-622-3317 to schedule your free consultation.
Decker Law • Norfolk, Virginia • 757-622-3317
Compassionate wrongful death attorneys throughout Hampton Roads, including Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, and Newport News.
