How Much Does a Wrongful Death Lawyer Cost?

Q: How much does a wrongful death lawyer cost?

Most wrongful death lawyers in Georgia work on a contingency fee basis, which means you pay no upfront costs and the attorney's fee is a percentage of the recovery, typically between 33 and 40 percent. If the attorney does not recover compensation for you, you owe no attorney fees. This arrangement allows families to access experienced legal representation regardless of their financial situation. The contingency fee percentage may vary depending on whether the case settles before a lawsuit is filed, during litigation, or at trial. Case expenses such as filing fees, expert witness costs, and medical record fees are typically advanced by the attorney and reimbursed from the recovery.

Most wrongful death lawyers in Georgia handle cases on a contingency fee basis, which means you pay nothing upfront, no hourly fees, and no retainer. The attorney’s fee is a percentage of the compensation recovered in your case. If the attorney does not recover any compensation, you owe nothing for legal fees. This fee structure exists specifically so that families who have lost a loved one can access experienced legal representation during one of the most difficult periods of their lives without worrying about the cost.

How Contingency Fees Work

Under a contingency fee arrangement, the attorney agrees to handle your case in exchange for a percentage of the final recovery. The percentage is agreed upon before the attorney begins working on your case and is documented in a written fee agreement.

Typical Contingency Fee Percentages

Contingency fees in wrongful death cases in Georgia typically range from 33 to 40 percent of the total recovery. The exact percentage may vary depending on the complexity of the case and the stage at which it resolves.

Pre-litigation settlement: If the case settles before a lawsuit is filed, the contingency fee is often at the lower end of the range, typically around 33 percent
Settlement after filing a lawsuit: If a lawsuit must be filed and the case settles during litigation, the fee may increase to 36 to 40 percent to reflect the additional work involved
Trial or appeal: If the case goes to trial, the fee is typically at the higher end, around 40 percent, because of the significantly greater time and resources required

Example Calculation

If a wrongful death case settles for $1,000,000 with a 33 percent contingency fee, the attorney’s fee would be $330,000, and the family would receive $670,000 minus case expenses. If the same case went to trial and the fee was 40 percent, the attorney’s fee would be $400,000, and the family would receive $600,000 minus expenses.

Case Expenses vs. Attorney Fees

It is important to understand the distinction between attorney fees and case expenses. Attorney fees are the contingency percentage described above. Case expenses are the out-of-pocket costs incurred in pursuing the case, which are separate from and in addition to the attorney fee.

Common case expenses in wrongful death cases include:

Court filing fees: Fees charged by the court to file the lawsuit and various motions
Expert witness fees: Economists, accident reconstructionists, medical experts, vocational experts, and life care planners who provide testimony and reports
Medical record and bill retrieval: Costs of obtaining the deceased’s medical records and billing documentation
Deposition costs: Court reporter fees and transcript costs for depositions
Investigation costs: Private investigators, scene photography, and evidence preservation
Mediation fees: The cost of the mediator’s services
Trial exhibits and presentation: Preparation of demonstrative evidence for trial

In most contingency fee arrangements, the attorney advances these costs during the case and is reimbursed from the recovery when the case resolves. If the case is unsuccessful and there is no recovery, the client typically does not owe reimbursement for advanced costs, though this varies by firm and should be clarified in the fee agreement.

Why Contingency Fees Benefit Wrongful Death Families

The contingency fee structure offers several important advantages for families pursuing wrongful death claims.

No Financial Risk

Wrongful death litigation can be expensive, with case costs sometimes reaching tens of thousands of dollars for expert witnesses, depositions, and trial preparation. The contingency fee model eliminates the financial risk to the family. If the case is unsuccessful, the family owes nothing.

Access to Experienced Attorneys

Without contingency fees, many families would be unable to afford the caliber of legal representation needed to take on well-funded defendants and their insurance companies. The contingency model ensures that the best attorneys are available to families regardless of their financial means.

Aligned Interests

Because the attorney’s compensation is tied directly to the outcome of the case, the attorney has a strong financial incentive to maximize the recovery. The attorney only gets paid when you get paid, and the attorney’s fee increases as the recovery increases. This alignment of interests ensures that your attorney is working toward the same goal you are.

Resources to Take on Large Defendants

Wrongful death cases often involve taking on well-funded defendants such as trucking companies, hospitals, corporations, or insurance companies with teams of defense lawyers. Under a contingency fee arrangement, the attorney invests their own time and the firm’s resources into your case. This means the firm has the financial incentive and capacity to hire the best experts, conduct thorough investigations, and take the case to trial if necessary, all without any cost to you unless the case is successful. Attorneys working on contingency will carefully evaluate your case before accepting it, which means that if a reputable attorney agrees to take your case, it is a strong signal that your claim has merit.

Questions to Ask About Fees

When consulting with a wrongful death attorney, you should ask clear questions about the fee arrangement before signing a fee agreement:

What is the contingency fee percentage, and does it change depending on when the case resolves?
Are case expenses deducted before or after the attorney’s fee is calculated?
Who is responsible for case expenses if the case is unsuccessful?
Are there any upfront costs or retainer fees?
Will the fee agreement be in writing?

Reputable wrongful death attorneys will be transparent about their fee structure and happy to answer these questions during the initial consultation.

Free Consultations

Most wrongful death attorneys in Georgia offer free initial consultations. During this meeting, the attorney will review the facts of your case, evaluate its potential value, explain the legal process, and outline their fee structure. There is no obligation to hire the attorney after the consultation. The consultation is an opportunity for you to evaluate the attorney’s experience, communication style, and approach to your case.

Get Experienced Representation at No Upfront Cost

Get a Free Case Evaluation

If you have been injured in an accident in Georgia, the experienced attorneys at Wetherington Law Firm can help you understand your legal options. We handle personal injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

Call (404) 888-4444 for a free consultation. Se habla español — llame al (404) 793-1667.