TL;DR:
To properly evaluate a wrongful death attorney’s track record, you must look beyond their marketing claims. Start by reviewing their website’s case results for specific, verifiable jury verdicts, not just settlements. Use legal research tools or ask the firm directly for details on case type, verdict amount, and their role as lead counsel. During the consultation, ask pointed questions about their recent trial experience, the number of cases they’ve taken to a verdict, and the outcomes compared to pre-trial offers. A strong record shows a pattern of success in cases similar to yours, proving they have the trial skills to secure maximum compensation.
Losing a loved one due to someone else’s negligence is a profound tragedy, and the legal process that follows requires a highly skilled advocate. While the vast majority of civil claims, including wrongful death lawsuits, are resolved before trial, an attorney’s success in the courtroom is a powerful indicator of their ability. Insurance companies and corporate defendants keep detailed records on which lawyers are willing to present a case to a jury and which ones prefer to settle for a lower amount. This knowledge directly influences the value of the settlement offers they make.
An attorney’s history of winning significant jury verdicts creates leverage that cannot be manufactured. It sends a clear message to the opposition: we are prepared to see this through to the end, and we have a history of convincing a jury of our client’s position. Therefore, understanding how to scrutinize a potential lawyer’s trial record is not just about finding a litigator; it’s about hiring a strategist who can command respect during negotiations. This evaluation goes far deeper than reading a few testimonials; it involves a methodical review of their actual performance when it matters most.
Why Jury Verdicts Are a Critical Metric (And Settlements Aren’t Enough)
When you begin searching for a wrongful death lawyer, you will see many firms advertising “multi-million dollar results.” While impressive, it is vital to understand the difference between a settlement and a jury verdict. A settlement is a private agreement reached between the parties to resolve the case for a certain amount of money, avoiding a trial. A jury verdict is a decision made by a jury in a public courtroom after hearing all the evidence. While a good settlement is a successful outcome, a strong record of jury verdicts reveals much more about an attorney’s capabilities.
The Power of a Trial-Ready Reputation
Insurance companies and defense firms are in the business of risk management. They employ teams of adjusters and lawyers whose job is to pay out as little as possible to resolve a claim. These professionals are very familiar with the plaintiffs’ attorneys in their region. They know which lawyers consistently prepare every case as if it will go to trial and which lawyers lack the experience, resources, or resolve to step into a courtroom.
An attorney with a proven wrongful death attorney’s track record of winning in court poses a significant financial risk to the defendant. The possibility of a jury awarding a large sum is a powerful motivator for the defense to offer a fair settlement. Conversely, if an attorney is known for always settling, the defense has little incentive to make a top-dollar offer. They can make a lower offer, confident the attorney will likely accept it to avoid the risks and costs of a trial. This reputation, built on past verdicts, becomes one of your most important assets during negotiations.
Settlements: A Look Behind the Curtain
Settlements are often confidential, which means the details are not public. An attorney can advertise a “seven-figure settlement,” but this tells you nothing about the circumstances. Was the initial offer very close to the final amount? Did the attorney secure that amount for a case with catastrophic damages but very clear liability, which required less legal skill? Or did they take a complex, difficult case and achieve an excellent result?
You simply cannot know the full story from a settlement listing. Verdicts, on the other hand, are public record. They provide a transparent look at how an attorney performed when the facts were contested and the outcome was uncertain.
How Verdicts Influence Settlement Offers
Consider this scenario: A family is pursuing a wrongful death claim after a commercial trucking accident. The trucking company’s insurer makes an initial settlement offer of $750,000.
- Attorney A has a history of settling most cases and has not tried a case to verdict in five years. The insurer knows this and is unlikely to increase its offer substantially, betting that Attorney A will not risk a trial.
- Attorney B has a record of taking similar trucking cases to trial and has won several multi-million dollar verdicts. When Attorney B rejects the $750,000 offer and begins preparing for trial, the insurer must re-evaluate its risk. The potential of a jury awarding $3 million, $5 million, or more makes a higher settlement offer of $2 million a financially sound decision for the insurance company.
The attorney’s trial record directly created millions of dollars in additional value for the client without ever stepping into the courtroom for that specific case.
Where to Find Information on an Attorney’s Jury Verdicts
Locating and verifying an attorney’s trial results requires some investigative work. While lawyers often highlight their successes, it is your job to look for objective proof. True trial lawyers are often proud of their verdicts and make the information accessible, but you should still know where to look for independent confirmation.
The Attorney’s Own Website
This is the easiest place to start, but it requires a critical eye. Go to the “Case Results,” “Verdicts and Settlements,” or “Success Stories” section of their website. Look for the following:
- Clear Distinction: Do they clearly label which results are verdicts and which are settlements? A firm that lumps them all together may be trying to obscure a lack of trial experience.
- Specific Details: A credible result will include the case type (e.g., “medical malpractice wrongful death”), the county or jurisdiction where the case was tried, the year of the verdict, and the specific amount. Vague descriptions like “large recovery for grieving family” are red flags.
- The Attorney’s Role: Look for language indicating the attorney was “lead counsel” or “first chair.” This means they were primarily responsible for trying the case. If they were just part of a larger team, their contribution is harder to assess.
Legal Reporting Services and Databases
For a more objective source, you can turn to professional legal databases that compile and report on jury verdicts. While some of these services require expensive subscriptions used by law firms, some information may be accessible or referenced in public articles.
- VerdictSearch: This is one of the nation’s largest publishers of verdict and settlement news. You can sometimes find their reports cited in news articles or on an attorney’s website.
- State and Local Jury Verdict Reporters: Many states have their own publications that detail recent trial outcomes. A search for “[Your State] jury verdict reporter” may yield results.
- Westlaw and LexisNexis: These are comprehensive legal research platforms. While you likely won’t have direct access, an attorney you are consulting with should be able to pull their own verdict reports from these services to show you.
Official Court Records
Court records are public information. Finding a specific verdict can be challenging for a layperson, but it is possible. You can often search online court dockets by party name or case number if you have that information from the attorney’s website. For federal cases, the system is called PACER (Public Access to Court Electronic Records). This method is more for verification than discovery, but it is the ultimate source of truth.
How to Analyze a Wrongful Death Attorney’s Track Record
Once you have gathered information about an attorney’s trial history, the next step is to analyze it. A single large verdict is not as telling as a consistent pattern of success. You are looking for evidence of skill, experience, and relevance to your specific situation.
Look for Relevant Case Types
A wrongful death claim can arise from many different circumstances, and each requires specialized knowledge. A lawyer who is an expert in car accident cases may not have the background to handle a complex medical malpractice or defective product case. When reviewing their verdicts, look for wins in cases that share similarities with yours.
- Medical Malpractice: These cases require a deep understanding of medicine and the ability to effectively cross-examine expert medical witnesses.
- Product Liability: This involves proving a product was dangerously defective, often requiring battles against large corporations with immense resources.
- Premises Liability: These cases, like negligent security claims, involve a different set of laws and evidence than a typical vehicle collision.
An attorney with a history of winning verdicts in your specific type of case has already proven they can master the subject matter and persuade a jury on the key issues.
Consider the Case Complexity and Jurisdiction
Not all verdicts are created equal. A $1 million verdict in a case where the defendant admitted fault is less impressive than a $1 million verdict in a case where liability was fiercely denied and the plaintiff’s case was difficult to prove. While you may not have all the details, look for clues. Did the case involve multiple defendants? Were there complex scientific or technical issues?
Furthermore, consider the jurisdiction. Some counties and states are known for being more conservative or “pro-defendant,” making a plaintiff’s verdict there a more significant achievement. An experienced attorney will be able to discuss their wins in the context of the legal landscape where the trial took place.
Evaluate the Verdict Amount vs. Offers
This is one of the most powerful, yet hardest-to-find, pieces of information. It is the ultimate test of an attorney’s judgment and skill. If an attorney can show you a case where the defense’s final pre-trial settlement offer was $500,000, and they proceeded to trial and won a $2.5 million verdict, it demonstrates two things:
- They accurately valued the case and were not afraid to reject an inadequate offer.
- They had the courtroom skill to convince a jury the case was worth five times what the defense was willing to pay.
During a consultation, it is perfectly reasonable to ask about this. A confident trial lawyer will often be proud to share these stories.
Red Flags to Watch For When Reviewing Case Histories
As you conduct your research, certain signs should cause you to be cautious. Deceptive marketing is common in the legal field, and it is important to be able to see past the hype and focus on what truly matters.
Vague or Unverifiable Claims
Be wary of attorneys who make broad, unsupported claims. Phrases like “record-setting results” or “millions recovered for clients” are meaningless without specific, verifiable examples. A reputable attorney will provide a detailed list of verdicts and settlements, not just vague promises. If their results list lacks case numbers, jurisdictions, or clear dates, it is a significant red flag.
Focusing Only on Settlements
A long list of settlements with no jury verdicts is a major warning sign. It suggests the attorney may not have the experience or willingness to take a case to trial. As discussed, this can severely limit the potential value of your claim. While settlements are a good outcome, they should be part of a balanced record that also includes proven courtroom victories. An attorney who has never faced a jury is an unknown quantity to the defense.
Outdated Victories
The legal landscape, including laws, judges, and jury attitudes, changes over time. A string of impressive verdicts from the 1990s or early 2000s is not as relevant as recent success. Look for an attorney who is currently active in the courtroom. A strong wrongful death attorney’s track record should show consistent trial work within the last 5-10 years. This demonstrates that their skills are sharp and they are up-to-date on modern trial strategies.
Misleading “Team” Victories
In very large cases, multiple law firms or a large team of lawyers may work together. When reviewing a result, try to determine the specific role of the attorney you are considering. Were they the lead trial counsel who developed the strategy and argued before the jury? Or were they a junior partner who handled research and motions? It is fair to ask, “What was your specific role in achieving this verdict?” An honest attorney will be straightforward about their contribution.
Questions to Ask an Attorney About Their Trial Experience
The initial consultation is your opportunity to interview a potential attorney. This is the time to go beyond their website and ask direct, specific questions about their trial record. Their answers will reveal a great deal about their experience and confidence.
Arm yourself with these questions to get a clear picture of their qualifications:
- “Can you tell me about the last wrongful death case you took to a jury verdict as lead counsel?” This question is very specific. It asks for a wrongful death case (not another case type), a verdict (not a settlement), and their role as lead counsel.
- “In that case, what was the final settlement offer from the defense before the trial began?” This gets to the heart of their value. It shows whether their trial skills added significant value beyond what could have been achieved in a settlement.
- “How many jury trials have you personally handled as first chair in the last five years?” This question gauges their recent and relevant experience. An attorney who is regularly in court will have a ready answer. Hesitation or a vague response may indicate a lack of recent trial work.
- “What percentage of your firm’s wrongful death cases are resolved by settlement versus going to trial?” There is no single “right” answer, but their response can be insightful. A firm that settles 100% of its cases is not a trial firm. A firm that tries a reasonable percentage of its cases demonstrates a willingness to fight when settlement offers are inadequate.
- “Can you provide me with references from other attorneys you have worked with or against?” Top trial lawyers earn the respect of their peers, including their opponents. A confident lawyer may be willing to connect you with another professional who can speak to their skills and reputation in the legal community.
The Role of Board Certification and Peer Reviews
Finally, supplement your research into their verdict record by looking at professional credentials that specifically recognize trial skill. These provide a third-party validation of an attorney’s expertise and are often based on a rigorous review process.
Understanding Board Certification in Trial Advocacy
Unlike state bar admission, which is a general license to practice law, board certification is a voluntary and specialized designation. Organizations like the National Board of Trial Advocacy (NBTA) certify attorneys as specialists in areas like civil trial law. To become board-certified, an attorney must:
- Demonstrate extensive experience in the specialty area.
- Have handled a specific number of trials, hearings, and depositions.
- Pass a comprehensive written examination.
- Undergo a peer review process with judges and opposing counsel.
Board certification is a strong, objective indicator that an attorney is a genuine trial specialist, not just someone who claims to be.
Decoding Peer-Review Ratings and What They Mean for Trial Skills
Several organizations publish ratings of lawyers based on confidential reviews from their peers. While not a substitute for reviewing a verdict record, they can provide valuable context.
- Martindale-Hubbell: Their highest rating is “AV Preeminent.” This rating signifies that a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for legal knowledge, communication skills, and ethical standards.
- Super Lawyers: This service uses a patented multiphase selection process that includes peer nominations and evaluations combined with independent research. Being selected indicates a high degree of peer recognition and professional achievement.
When you see these accolades, it suggests the attorney has built a strong reputation within the legal community, a reputation often built upon a foundation of courtroom success.
Conclusion
Choosing an attorney to represent your family in a wrongful death claim is one of the most important decisions you will make. While many lawyers can handle the paperwork of a claim, only a select few have the proven ability to stand before a jury and win. A thorough evaluation of a wrongful death attorney’s track record with jury verdicts is the most effective way to identify these elite advocates. This process requires you to look past marketing slogans and analyze their actual performance, focusing on relevant, recent, and significant courtroom victories.
By taking these steps, you empower yourself to make an informed decision. You are not just hiring a lawyer; you are selecting a champion who has the skill, experience, and reputation to hold the responsible parties accountable and secure the full measure of justice your family deserves. Do not hesitate to ask the tough questions detailed here during your consultations. The right attorney will have the answers and the record to back them up, giving you confidence as you move forward. Contact us for free consultation today.