Answers To Your Legal Questions

 

Q: Is the contingency fee different in a wrongful death case?

A: Understandably, most people are wary of hiring an attorney because of the expense involved. Cases involving injury and wrongful death claims are usually handled by experienced lawyers on a contingency basis. With a contingent fee agreement, the lawyer agrees to defer his or her fee until the case successfully resolves. The fee is based on a percentage of the recovery obtained by the lawyer. If there is no recovery, then no attorney fee is owed. Most contingency fees can range anywhere from 25% to 50% of the recovery, depending on the type and/or complexity of the case.

More often than not, a wrongful death case can take years to resolve and the lawyer will spend hundreds of hours and perhaps thousands of dollars on the case before he or she gets paid. Usually, the riskier and more complex the case, the higher the contingency fee will be charged. If a lawyer accepts a wrongful death case that is very complex and/or has a high risk of failure, then that lawyer will usually want to be paid a premium for accepting the risk, since he or she may not get paid after performing hundreds of hours of work on the case. Contingency fees allow families with limited financial resources to hire the best legal representation possible. This is important because the insurance companies usually retain some of the most expensive and experienced defense attorneys to help deny, delay and defend the wrongful death claim.

The costs associated with a wrongful death claim are a different matter. The term “costs” refers to those expenses that are incurred while investigating the claim and prosecuting the case in court, if necessary. Examples of typical costs include expert fees, court costs, deposition fees, record retrieval expenses, filing fees, etc. In wrongful death cases, these costs can add up fast and in some cases easily exceed $100,000, depending on the size and/or complexity of the case. Washington law permits an attorney to advance payment for the costs and then deduct these advances from the recovery at the conclusion of the case. This is important because it allows the client to hire an attorney without ever having to pay up front or out of pocket. Since the amount of costs incurred in a wrongful death case can be substantial, you’ll want to retain an attorney who has the financial resources to pay for them, and the ability to carry this debt over a long period of time, if necessary, as the case proceeds through litigation and possibly trial.

More Legal Questions?
Do you have more legal questions about injury cases about wrongful death law in Washington state?  Return to the Washington Wrongful Death Law questions page. 

Or order download your FREE copy of the report: Understanding Wrongful Death In Washington State. [PDF]  .

To get more information about Washington state wrongful death law, wrongful death lawsuits, and Seattle wrongful death attorneys visit our wrongful death and fatal accidents information page. 

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