Losing a loved one is a challenging experience, and dealing with the following legal process can be overwhelming. However, if your loved one has passed away due to the negligence of another party, you may be entitled to compensation for your loss. Therefore, hiring the right Boston wrongful death attorney is important in pursuing a wrongful death claim. 

However, not all attorneys are created equal, and there are certain dos and don’ts to remember when making the critical decision of which attorney to hire.

How to Choose the Right Wrongful Death Attorney for Your Case

  1. DO: Research potential attorneys

The first step in finding the right attorney is to do your research. Look for attorneys specializing in wrongful death cases, and check their credentials and experience. Read reviews and testimonials from previous clients to get an idea of their success rate and the level of service they provide. Feel free to ask for references and speak with other clients directly.

DON’T: Hire an attorney solely based on advertising

While advertising can be a helpful way to find potential attorneys, it’s important not to make your decision based solely on a flashy ad. Just because an attorney has a billboard or runs TV commercials doesn’t necessarily mean they are the best choice for your case. Remember, the essential factor is their experience and success rate in handling wrongful death cases.

  1. DO: Consider the attorney’s communication style

Communication is key when working with an attorney. You want someone who will keep you informed throughout the process and be available to answer any questions. During your initial consultation, please consider how they communicate with you. Do they take the time to listen to your concerns and answer your questions thoroughly? Are they responsive to your calls and emails? If you get the sense that communication may be an issue, it may be best to look for another attorney.

DON’T: Hire an attorney who promises specific results

It’s essential to be wary of any attorney who promises you a specific outcome in your case. While they may be confident in their abilities, there are no guarantees in the legal system. However, a reputable attorney will be honest with you about the potential outcomes of your case and work to achieve the best possible result based on the facts.

  1. DO: Consider the attorney’s fee structure

Before hiring an attorney, it’s essential to understand their fee structure. Some attorneys work on a contingency basis, which means they only get paid if you win your case. Others may charge an hourly rate or a flat fee. Make sure you understand the attorney’s fees and expenses before signing a contract.

DON’T: Hire an attorney based solely on cost

While cost is certainly a factor to consider when hiring an attorney, it should not be the only factor. The attorney who charges the least amount may not have the essential experience or resources to manage your case efficiently. On the other hand, the most expensive attorney may not necessarily be the best fit for your needs. Consider the attorney’s experience, success rate, communication style, and overall fit for your needs instead of deciding solely on cost.

  1. DO: Look for an attorney who is a good fit for you

When hiring an attorney, finding someone who fits your personality and needs is crucial. You will be working closely with your attorney throughout the process, so choosing someone you feel comfortable with is important. For example, do you prefer a more aggressive attorney or someone more empathetic? Do you feel comfortable discussing personal matters with them? Trust your gut and choose an attorney who fits you best.

DON’T: Hire an attorney who pressures you to make a decision.

A reputable attorney will never pressure you to decide on the spot. They will give you the information you need to make an informed decision and give you time to think it over. If an attorney pressures you to sign a contract or make a decision without taking the time to consider your options, it’s a red flag.

  1. DO: Ask questions during your initial consultation

Your initial consultation with a Boston wrongful death attorney is a valuable opportunity to get to know them and ask any questions you may have. Come prepared with a list of questions, such as:

  1. How many wrongful death cases have you handled?
  2. What is your success rate in wrongful death cases?
  3. How will you communicate with me throughout the process?
  4. What is your fee structure?
  5. What is your strategy for handling my case?

DON’T: Be afraid to shop around

If you’re uncomfortable with the first attorney you meet with, feel free to shop around. Finding an attorney you trust and feel comfortable working with is crucial. Before deciding, meet with multiple attorneys and compare their experience, success rate, communication style, and fee structure.


Question: How do I know if I have a wrongful death case?

Answer: Some common examples of wrongful death cases include car accidents, medical malpractice, workplace accidents, and product liability cases. 

Question: Can I still file a wrongful death lawsuit if the person responsible has already been criminally 


Answer: Yes, you can still file a wrongful death lawsuit even if the person responsible for your loved one’s death has already been criminally charged. A criminal case focuses on punishing the defendant for their actions, while a wrongful death lawsuit seeks to compensate the victim’s family for their losses. However, it’s important to note that the outcome of a criminal case does not necessarily affect the outcome of a civil lawsuit.

Question: What damages can I recover in a wrongful death case?

Answer: In a wrongful death case, you can recover medical expenses, funeral expenses, lost income, loss of companionship, and pain and suffering. The specific damages available will depend on the circumstances of your case. 

Question: What happens if I don’t hire an attorney?

Answer: If you don’t hire an attorney, you may be unprotected from making a bad deal when negotiating a settlement or from making mistakes when presenting your case in court. With an attorney, you are much more likely to  get the important compensation you and your family deserve.

Get the Legal Support You Need: Boston Wrongful Death Attorneys Fighting for Your Rights and Justice

In conclusion, hiring the right wrongful death attorney is crucial to achieving a successful outcome in your case. By following these dos and don’ts, you can find an attorney to fight for your rights and help you seek justice for your loved one. 

If you have lost a loved one due to someone else’s negligence, a lawyer from Swartz & Swartz, P.C. in Boston can help safeguard your family’s rights. Our legal team is dedicated to supporting families who have experienced such tragic events. To learn more about how we can assist you, please do not hesitate to contact us.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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