March 16, 2025
Attorney fees in wrongful death settlements are typically paid on a contingency basis, meaning the lawyer receives a percentage of the total compensation recovered. Below is a breakdown of how fees work and associated costs:
Most wrongful death attorneys work on a contingency fee basis, where:
No upfront costs: You pay nothing unless the attorney secures compensation.
Fee percentage: The attorney’s fee is a percentage of the settlement or judgment, usually 33% to 40% of the total amount.
Example: If the settlement is $100,000, the attorney’s fee would be $33,000 to $40,000.
Shared risk: The attorney assumes financial risk by fronting case expenses (e.g., expert witnesses, court fees) and only recovers costs if the case succeeds.
In addition to attorney fees, wrongful death cases incur litigation expenses, which may include:
Expert witness fees: For accident reconstructionists, medical experts, or economists.
Court filing fees: Costs to file documents or request depositions.
Medical records: Fees to obtain hospital or autopsy reports.
Investigation costs: Private investigator expenses or evidence collection.
Attorney fronts costs: Most contingency-based firms cover these expenses upfront and deduct them from the final settlement.
Client reimbursement: After deducting fees and costs, the remaining amount goes to the client.
While contingency fees are standard, some firms may adjust percentages based on:
Case complexity: Higher fees for cases requiring extensive litigation or expert testimony.
Settlement size: Some firms reduce fees for larger settlements (e.g., 20% for settlements over $2 million).
State laws: Caps or restrictions on fees vary by jurisdiction (e.g., punitive damages limits in North Carolina).
No recovery, no fees: If the case fails, you owe nothing for attorney fees or expenses.
Transparency: Always review the fee agreement to confirm percentages, costs, and payment terms.
Negotiation leverage: Attorneys may reduce fees in competitive markets or for high-value cases.
This structure ensures access to justice for families who cannot afford upfront legal costs. By aligning the attorney’s financial interest with the client’s success, contingency fees incentivize aggressive advocacy and fair compensation.
If you need help navigating attorney fees or wrongful death claims, contact Hall & Dixon for guidance. Their attorneys work on a contingency basis to protect your rights without financial strain.
Read: Can Funeral Expenses Be Reimbursed in a Wrongful Death Lawsuit?
