Losing a loved one is a devastating experience, and when their death is a result of someone else’s negligence or misconduct, it can be even more difficult to bear. Wrongful death attorneys work on a contingency fee basis and you don’t have to pay unless and until they win your case.
In such cases, a wrongful death attorney can help you seek justice and compensation for your loss. However, the fees associated with hiring an attorney may be a concern. This article will provide a detailed overview of wrongful death attorney fees and what you should expect to pay.
There are three main types of attorney fee arrangements:
Contingency fees
In this arrangement, the attorney’s fees are paid as a percentage of the compensation obtained for the client. If the attorney does not secure any compensation, the client does not owe any fees. This is how we work at GJEL Accident Attorneys. Learn more about how much hiring an attorney may cost you with a contingency fee here.
In California wrongful death cases, contingency fees are by far the most common arrangement. Most families do not pay upfront legal fees or hourly billing. Instead, the lawyer is paid a pre-agreed percentage of the settlement or court award.
Hourly fees
The attorney charges a predetermined hourly rate for the time spent working on the case.
Flat fees
A single, fixed amount is charged for handling the case, regardless of the outcome or the time spent working on it.
Understanding Wrongful Death Cases
What is a wrongful death?
A wrongful death occurs when a person’s death is caused by the negligence or intentional acts of another individual or entity. This can include cases involving car accidents, truck accidents, motorcycle accidents, workplace accidents, and more.
Who can file a wrongful death claim?
Typically, the deceased person’s surviving spouse, children, or other close family members can file a wrongful death claim on behalf of the deceased.
The Role of a Wrongful Death Attorney
A wrongful death attorney specializes in handling cases involving the loss of a loved one due to someone else’s negligence. They help the family navigate the complex legal process, gather evidence, negotiate with insurance companies, and, if necessary, represent them in court to obtain fair compensation for their loss.
Contingency Fees: The Most Common Fee Structure
How do contingency fees work?
Contingency fees are the most common fee structure in wrongful death cases. The attorney agrees to represent the client in exchange for a percentage of the compensation awarded. If the attorney fails to obtain any compensation, the client does not owe any fees. That is why you do not need money to hire a personal injury lawyer up front.
In California, the typical contingency fee for a wrongful death case often falls between 33.3% and 40% of the gross recovery. Many law firms also use a sliding scale. For example, a fee of one-third may apply if the case settles before a lawsuit is filed, while 40% may apply if litigation becomes necessary. In some cases that go all the way to trial or appeal, the fee may rise further.
Advantages of contingency fees
- No upfront payment is required, making it more accessible to clients who cannot afford hourly or flat fees.
- The attorney is incentivized to obtain the highest possible compensation, as their payment is directly tied to the outcome.
- Clients do not bear the responsibility of the case outcome.
What Case Costs Are Separate From Attorney Fees
Even when a lawyer works on contingency, there are still case expenses involved in building a wrongful death claim. These costs are separate from the attorney’s fee.
Many California wrongful death attorneys advance these costs during the case and recover them from the final settlement or verdict. Common expenses may include court filing fees, expert witness fees, deposition costs, transcript fees, investigation expenses, and charges for obtaining medical records or other official documents.
Expert witness costs can be one of the largest expenses in a wrongful death case, especially when the claim involves medical issues, accident reconstruction, or other technical questions.
What Determines the Cost of a Wrongful Death Attorney?
Several factors determine how much you can expect to pay a wrongful death attorney. These factors include:
The Attorney’s Experience
Attorneys with more experience and a successful track record will charge more than those with less experience, which is why choosing the best wrongful death lawyer can have a significant impact on your case.
The Complexity of the Case
If your case is complex, it will require more time and resources to win. Therefore, the attorney will charge more for their services.
Court Costs
In addition to the attorney’s fees, you will also have to pay court costs. These include fees for filing documents, expert witnesses, and court reporters.
Other common case costs may include depositions, transcript preparation, investigation work, and fees for collecting medical records or other evidence. These expenses can increase when liability is disputed or when the case requires extensive expert analysis.
Settlement Amount
The higher the settlement amount, the higher the attorney’s fee will be. This is because most attorneys charge a percentage of the settlement amount as their fee.
Can You Afford a Wrongful Death Attorney?
Wrongful death cases can be expensive, and not everyone can afford to hire an attorney. However, many attorneys offer free consultations, so you can discuss your case and the fees involved without any obligation.
In addition, some attorneys work on a pro bono basis, meaning they will represent you for free. However, this is rare, and you will need to meet specific criteria to qualify for pro bono representation.
Important Questions to Ask
Before signing a contingency fee agreement, ask whether the attorney’s percentage is taken from the gross recovery or the net recovery after case costs are deducted. This can make a meaningful difference in how much compensation your family ultimately receives.
You should also confirm how litigation costs will be handled if the case does not succeed, whether the fee percentage changes if a lawsuit is filed, and whether a higher percentage applies if the case goes to trial or appeal.
California law generally requires contingency fee agreements to be in writing and signed by the client. The agreement should clearly explain the fee percentage, how costs are handled, and how the final recovery will be divided.
If the wrongful death claim involves medical malpractice, different fee rules may apply. In California, attorney fees in medical malpractice matters are limited by a sliding-scale cap under Business and Professions Code section 6146.
