Michael D. Kelly, ESQ 
A wrongful death attorney is meant to take much of the legal weight off the surviving family members’ shoulders. But first, your family should select a lawyer you can trust.
Find out everything you need to know about choosing a wrongful death lawyer below. This guide focuses on Massachusetts and shares where to find qualified attorneys, how to check their licensing and discipline history, red flags to avoid, potential questions to ask during consultations, and more.
The information here is general and not a substitute for legal advice. Every case is different, and it’s important to speak with an attorney directly to understand the legal options available to you.
Steps for Finding a Wrongful Death Attorney That Is Right for You
Here are the main steps to follow when choosing and hiring the right wrongful death attorney for your case:
- Use referral services: Consider using referral services during your research, such as the Massachusetts Bar Association Lawyer Referral Service, to be matched with attorneys based on your specific legal issue.
- Verify the details: As you review attorneys, make sure they specialize in wrongful death cases and have practiced in Massachusetts. This matters since wrongful death claims follow specific legal rules in each state, and Massachusetts has its own rules, too.
- Add a few strong candidates to your shortlist: Narrow your options down to several attorneys who meet your criteria and seem worth scheduling a consultation with.
- Meet with attorneys for consultation: It’s best to attend several consultations before making a decision. A consultation allows you to evaluate aspects that may not be fully clear just from a website or even from client reviews, such as communication style. Since you may be working together for some time, you should feel comfortable communicating with an attorney.
- Clarify fee terms: Before you sign an agreement with any lawyer, also make sure you understand the fee arrangement. Most wrongful death attorneys in Massachusetts offer a contingency fee arrangement. They receive a percentage of the money recovered if the case is successful. Also discuss how case-related expenses are managed, including court filing fees and costs for obtaining medical records.
- Hire the attorney: Once you’ve chosen the lawyer you feel comfortable with, you can sign a written agreement. Take a moment to read it carefully and ask about anything that isn’t clear. Once it’s signed, the attorney can officially begin working on your case.
Before you start your search, there’s also one important detail about wrongful death cases in Massachusetts to take into consideration. Here, unlike in some other states, a wrongful death case can’t be filed directly by a spouse, child, or other family member, even though the purpose of the claim is to seek compensation for their loss. The lawsuit itself must be filed through the deceased person’s estate by a court-appointed representative.
To appoint a personal representative, you first need to open a probate case in court. The court reviews this case, and if everything is in order, it issues documents giving a person the legal right to act on behalf of the estate (including the right to file a wrongful death suit).
Therefore, this step (the appointment of a personal representative) happens before the wrongful death claim can even be filed. The probate process can take additional time, depending on the specific circumstances.
At the same time, Massachusetts has a strict deadline for filing wrongful death cases, so it’s important not to lose valuable time and start your search for an attorney as early as possible. The right lawyer can not only help you prepare and file the wrongful death claim, but also guide you through the probate process.
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Official Massachusetts Referral and Attorney Lookup Services
There are many ways to begin your search for a wrongful death attorney. You might start with a Google search or on social media and look through both organic results and paid ads. However, you may have a very broad list of potential attorneys, and it can be difficult to decide who is the right fit.
For a more targeted search, you can use referral services. Mass.gov’s “Finding a lawyer” guide shares some reliable sources, such as the Massachusetts Bar Association’s Lawyer Referral Service (LRS) and the official legal resource finder website, that direct you to attorneys who meet your criteria.
Next, how can you further evaluate the wrongful death lawyers you’ve found? The most direct method is to visit a law firm’s website. You can review the firm’s background, find out how they work, and check their blog to see whether they publish content on wrongful death topics and how clearly they explain them.
It’s also wise to double-check the attorney’s credentials. You can do this with the help of the Board of Bar Overseers (BBO) and confirm that the attorney is licensed and in good standing.
Let’s take a closer look at these two resources we just mentioned — LRS and BBO.
Massachusetts Bar Association Lawyer Referral Service
The Massachusetts Bar Association Lawyer Referral Service helps people find attorneys who handle specific types of cases. It connects you to a specialist who meets the criteria you enter into the system.
Here’s how it works: you can complete a short online form, call the Lawyer Referral Service directly, or reach out by email. You’ll need to pick an area of law and provide basic information about your situation:
Once you complete the request, you’ll be matched with an attorney who practices in the area of law and location you require.
Using the LRS is free. However, the attorneys you are connected with can charge fees. For the initial consultation, they can charge no more than $25 for up to thirty minutes. Alternatively, you can look for law firms that offer free consultations.
Massachusetts Board of Bar Overseers
The Board of Bar Overseers allows you to check the attorney’s background when you already have their name. This is the official agency in Massachusetts that oversees attorney registration and discipline.
You can look up lawyers directly on the BBO’s web page. It will show you whether the attorney is listed as active and in good standing:
Ensure their office details match the information you were given or found during your search, and see whether there are any disciplinary decisions.
What to Look for in a Wrongful Death Lawyer
Certainly, your lawyer should specialize in Massachusetts wrongful death law. But there are still several nuances that can influence how your case ultimately resolves:
A law firm may just list wrongful death as one of several practice areas on its website while mainly focusing on something else. Your attorney should have a clear process in place for handling wrongful death cases, understand how to negotiate with insurers, know how to obtain medical records, and be able to properly calculate wrongful death damages. Here, we’re talking specifically about trial experience. It’s not just about knowing the law or negotiating a wrongful death settlement out of court. A lawyer should have experience negotiating cases before trial while also being fully prepared to go to court if this becomes the only way to resolve the case. Wrongful death cases are already surrounded by a great deal of uncertainty. Communication with lawyers shouldn’t add to this stress. Your attorney should share updates regularly, explain technical details in simple language, and reply without long delays.
How to Verify That Your Lawyer Is Experienced
There are several ways to verify that your potential wrongful death lawyer has sufficient experience and can handle your case as effectively as possible. Pay attention to the typical results achieved. Law firms often share past settlement results on their websites. This can give you an idea of the types of cases they’ve handled and the outcomes they’ve achieved.
However, every case is different, so a better goal here isn’t to focus only on the settlement amounts but to understand whether the attorney has successfully handled cases similar to yours. You can ask them during a consultation what types of results are typical in cases like yours and what factors usually affect the outcome.
Additionally, wrongful death cases often require professionals to analyze and explain what happened and how particular events resulted in fatal injuries. This can be especially important for medical malpractice claims and complex car accidents.
An experienced wrongful death attorney typically works with specialists such as accident reconstruction experts and medical professionals. It’s an advantage when the lawyer already has a network of qualified experts, as this allows them to manage your case more effectively and without unnecessary delays.
It is necessary to mention that in some firms, you may first speak with a senior attorney, but part of the work may be handled by other lawyers and case managers. This is common in large firms. However, it’s important to understand who will be responsible for the key decisions in your case. This still should be someone with strong experience in wrongful death cases.
Also, it’s common for families to pursue both wrongful death claims and survival actions. You also need an attorney who understands the wrongful death vs. survival action difference and can recognize whether both types of claims may be applied to your situation.
Red Flags and How to Protect Yourself
There are also certain signs that may indicate a lawyer isn’t the right fit for you. If you notice these factors, it may be best to remove that candidate from your list and continue your search:
- Pressure tactics: There is already enough pressure when you’re trying to find the right wrongful death lawyer, plus much paperwork waiting ahead, and deadlines that must be respected. An attorney should earn your trust through honesty, clear communication, and patience. You’ll likely face enough pressure tactics from insurance companies. They may try to push for a quick agreement that benefits them. And your lawyer’s role is to protect you from that, not to add to your stress.
- Guarantees of exact results: An honest lawyer will explain the strengths and weaknesses of your case. They may discuss possible outcomes, but not precise compensation figures. Yes, attorneys may and should feel confident, but they shouldn’t make bold statements to motivate you to sign an agreement with them.
- Lack of clarity about who handles the case: You should clearly understand who is leading your case. You choose a particular law firm or a particular attorney because of their skills, experience, and reputation. So, if the attorney avoids giving you a direct answer regarding responsibility areas and workflows, consider it a warning sign.
- Refusal to explain costs in writing: A written agreement protects you. It shows exactly what percentage attorneys take and what extra costs could be deducted from your compensation. And if something is unclear, you can look back at the terms you initially agreed to.
- Unwillingness to discuss discipline history: If you ask a lawyer whether they have ever been disciplined and they avoid the question, change the subject, or even get defensive, this is concerning. An honest lawyer should be open about their record, especially when you can easily verify this yourself.
To avoid making the wrong choice when selecting a lawyer, first, don’t make decisions on the spot. You don’t have to choose right away. Second, request written confirmation of all the main details. Key terms of your cooperation should be clearly outlined.
And always verify information yourself. As we already mentioned, you can check a lawyer’s record through the Board of Bar Overseers. It can either reassure you or help you avoid a mistake.
Questions to Ask During Consultations
There is a lot to consider in the attorney selection process. We’ve prepared a list of questions to make it easier for you to gather all the important information about the attorney’s approach and assess their experience:
- If a probate estate must be opened, how long does this usually take, and will your firm handle the process?
- Who will work on my case?
- Have you handled cases similar to mine before?
- What were the outcomes of some of your recent wrongful death cases?
- What are the first steps you consider taking to investigate what happened?
- If you expect to hire expert witnesses, how are expert fees handled, and who pays these costs if the case is unsuccessful?
- How many wrongful death cases have you taken to trial?
- If needed, will you take this case to court?
- How often will I receive updates, and who will be my main point of contact?
- What documents should I start gathering now to support the case?
- How long does a case like this usually take from start to finish?
- What do you think my case might be worth?
Some of these questions, such as the ones about claim value or past results, may not warrant precise answers. But the best wrongful death lawyers can provide estimates and explain the processes and factors that influence them.
Once you attend several consultations with different lawyers, you can compare their answers side by side. This helps you see who provides more detailed information about their experience and who clearly explains their possible approach to your case.
Summary
While there are legal deadlines you need to keep in mind to file a wrongful death lawsuit, choosing an attorney is a process that shouldn’t be rushed. This decision can strongly influence how your case is ultimately resolved.
If you are exploring your options in Massachusetts and would like to speak with a legal team experienced in wrongful death cases, we invite you to contact our firm for a free consultation. We are here to answer your questions and explain your options.
At Michael Kelly Injury Lawyers, we have extensive experience handling wrongful death cases in Boston and across Massachusetts. We are committed to fighting for fair compensation for our clients and pursuing the justice their families deserve. During a free case review, you can learn more about our team, your claim’s potential, and the steps to take next.
