Posted on 01/30/26
Questions to ask when choosing a wrongful death lawyer in Buffalo include enquiries into their experience with similar cases, whether the attorney will handle your case in person, the compensation you may hope to recover and its distribution, and how payment of costs and fees will be handled. You should also ask about a survival action, a type of lawsuit related to, but differing from, a wrongful death lawsuit.
Ask Your Lawyer About Their Experience With Wrongful Death Cases
Your wrongful death attorney should be able to outline their experience, giving examples of outcomes they achieved for clients. You may also wish to ask whether they have experience with cases in which a wrongful death occurred in similar circumstances to yours.
This specific experience may indicate their understanding of the case, access to a network of relevant expert witnesses, and their ability to evaluate evidence. For example, a car accident fatality case differs from a medical malpractice fatality.
Who Will Handle My Case, and Who is My Contact Person?
Although you may be addressing an experienced wrongful death attorney, you need confirmation that they will handle your case in person. They should be transparent about how much they engage with your case and what they may delegate to junior associates or paralegals. You also need to establish clear lines of communication.
Ask Your Wrongful Death Attorney About Compensation and Costs
In wrongful death cases, compensation is paid to statutory distributees, usually the deceased person’s spouse, children, or next of kin. Clarifying what this compensation may amount to and how it would be distributed helps you to shape your expectations. Your wrongful death lawyer should also be clear about fees and costs.
Many lawyers are willing to work on a contingency fee. That usually means they will not charge upfront fees. Instead, they specify payment as a percentage of any settlement they win for you. You should also ask about costs. These are expenses like court filing fees and expert witness fees. The estate may be liable for these costs even if a lawyer working on a contingency fee loses the case.
Ask About a Survival Action
A wrongful death case addresses financial damages caused by a fatality someone else caused through negligence, including the loss of future support. The proceeds are paid directly to statutory beneficiaries.
A survival action, on the other hand, concerns the economic and non-economic damages the deceased would have been eligible for had they survived, and the proceeds go to the estate.
In general, a wrongful death lawyer would handle these in tandem. They should explain this to you during your initial consultation, as most people don’t know the difference between wrongful death lawsuits and survival actions. If they do not, ask for clarification.
Begin Your Search For a Wrongful Death Lawyer By Consulting Us
When you talk to a personal injury lawyer at Towey Law PLLC, you will get answers to all your questions and more. We understand the sensitivity of your case. We share your desire to prevent future deaths brought about by an at-fault party’s negligence, understand your need for answers, and your desire for closure.
Your lawyer will handle all the details on your behalf and keep you informed throughout, giving you room to grieve. Your initial consultation is free. Use it to gain clarity on the legal questions that trouble you after the tragic and wrongful loss of your loved one.