How Much Does a Wrongful Death Attorney Cost?

A wrongful death is a civil case usually brought by close family members. In almost every state, a wrongful death case is filed when the death is intentional, or due to the reckless or negligent actions of an individual or in the workplace. A wrongful death case is usually filed with assistance from a personal injury lawyer. How much are wrongful death attorney fees?
Why are Lawyer Fees High?
Filing a wrongful death case requires an enormous amount of work, both legwork and paperwork, done by the wrongful death
law firm. Here are some steps that are involved in filing a wrongful death case:
- Pre-Litigation preparation: The lawyer will meet with the personal representative of the deceased and set up an estate of the deceased. This has to be filed in the county where the deceased resided. The personal representative has to provide the lawyer with all the details of the estate for filing.
- Determine the cause of death: The lawyer has to investigate the death and determine what caused it, who was responsible, and how the death occurred. In many cases, the lawyer will have to hire experts to determine how the death occurred and what type of negligence was involved.
- Identify the responsible individual/party: The lawyer will need to identify which individual or party was responsible for the death. This is often followed by sending a notice to the party that there is an intent to file a lawsuit.
- Negotiations: The other party or individual may decide to settle the matter without going to trial. This requires negotiations out of court, which can take some time to come to a fair settlement. During the negotiations, the lawyer will consult with you to ensure that both of you agree on all decisions.
- Filing the lawsuit: If the negotiations fail, the lawyer has no choice but to file a wrongful death lawsuit, which is both a labor- and time-intensive undertaking. Litigation has many steps, including the discovery phase, request for additional documents, depositions, hiring expert witnesses, and so forth. All this needs to be done within the two-year statute of limitations, or the case will not be heard by the court.
All the above steps take a significant amount of time. In addition, there is a ton of administrative paperwork and performing research. These are some of the reasons why the attorney’s fees may be deemed high. There is a tremendous amount of time and energy spent, however, by the attorney and his staff that you may not necessarily always see.
How Do Lawyers Charge Their Fees?
How much are wrongful death attorney fees? A wrongful death law firm charges fees depending on their experience, the complexity of the case, and the amount of time it will take. Below are the most common ways lawyers charge their clients.
Fixed Or Flat Fees
For most small cases, such as a straightforward Will, notary, or assistance with a simple real estate transaction, most lawyers will charge a flat fee. The flat fee will usually cover all the administrative costs and the paperwork. Flat fees are common in immigration matters and some criminal law cases (e.g., DUIs).
Charge By The Hour
Some lawyers charge a fixed hourly rate that may vary from $75-$400 depending on their experience and involvement in the case. This fee may not include other expenses, such as court costs, administrative fees (photocopying documents, etc.), requesting medical reports, travel costs, consulting with expert witnesses, etc.
If your lawyer charges you by the hour, you should always get an estimate of the number of hours he or she will require to complete the case. For the client, an hourly rate is only beneficial if the case is short. For example, after a drunk driving case, you want a lawyer to represent you in court or be at your side while giving a deposition. If the lawyer is unable to give you the approximate duration of the case, then you should avoid this fee schedule.
Contingency Fees
The majority of lawyers charge clients based on contingency fees. These fees are common in many personal injury cases. Essentially, the lawyer who represents you will not ask for any money upfront but will accept a certain percentage of the money awarded to the client as the fee for the services provided.
For example, if you are awarded $10,000 as a result of a slip and fall injury, the lawyer will take a certain percentage of your money as the fee. This fee varies from 30-33 percent of the total award, and it must be in writing so that there are no conflicts later. The lawyer must tell you when these percentage limits do not apply or when the percentage limits can be raised.
The
contingency fee in most cases is usually fixed and inclusive of other costs and this must also be stated in the contract. For example, the lawyer cannot ask you for additional money for administrative services. You should find out if the contingency fee is inclusive or if there will be additional fees later. If the case is appealed or tried again, the lawyer has the right to add an additional percentage.
Usually, with a contingency fee contract, the lawyer only gets paid when you win and, at the same time, the client is usually charged for the administrative fees, court filing costs, travel expenses, or costs to bring witnesses to the stand. However, you need to discuss with the lawyer ahead of time how many fees you will be responsible for in case the case is lost.
When the case is won, these expenses are usually deducted from the award. When you agree to a contingency fee, the contract must be signed and dated by both parties. Anything that you agree to or do not agree to regard the fee must be stated in the contract.
Court-Awarded Lawyer Fees
Sometimes, the court may award the lawyer fees as part of the client’s award. This amount is usually paid for by the opposing party. The court-awarded amount is usually within the same frame that you agreed to pay the lawyer in the first place.
Controlling the Lawyer Fees
Before you even walk into the lawyer’s office, you should collect as much documentation as you can to save the lawyer from doing this chore – and potentially saving yourself some money at the same time. Some of the things you can do include the following:
- Collect all the information regarding the death and arrange it in chronological order.
- Only provide the lawyer with photocopies and keep all the original copies with you.
- Any interaction that you may have had with the individual or the workplace responsible for the wrongful death must be documented and dated.
- Have the names and contact information for all the witnesses and other parties that may be called upon.
- Document in writing all the problems that you have faced since the death of your loved one and what you want in return.
- Document all the expenses that you have incurred since the death of your loved one.
The Initial Consultation
At the initial consultation, you need to:
- Present to the lawyer the wrongful death case.
- Share all the information and let the lawyer decide what is important and what is not.
- Ask questions.
- You must discuss the legal fees. Problems arise when the client does not ask about the legal fees and questions the bill when the case is completed.
- You need to ask what the lawyer will charge, court fees, administrative fees, court filing fees, court reporter fees. Do you have to pay a down payment (retainer)? What other fees will you be charged? Is there any interest in unpaid fees? Are there any payment plans available? Are any fees refundable and what percentage? Even though some fees may not be controlled by the lawyer, he or she should be able to give you a rough estimate.
Conclusion
You should always ask in the initial interview about wrongful death attorney fees for the
services provided. While the wrongful death law firm may not be able to provide you with the exact figure, he or she will be able to give you a ballpark figure. No matter what type of fees the lawyer charges, never leave the office without having it all in writing.
A formal contract should be drawn out by the lawyer which you should take home and read. Discuss the payment plan with your family and only sign when you feel comfortable. This way, you will be able to maintain a good working relationship with the lawyer. At the law offices of
Richard Gullette, we are passionate about providing excellent services to our clients. Call 1-602-230-2916 today to learn more.

