Losing a loved one is painful enough, but when someone else’s negligence is to blame, the emotional and financial toll can feel overwhelming.
Seeking justice for a loved one’s death may require the help of a wrongful death attorney. Understanding how much does a wrongful death lawyer cost and what fees are associated with a wrongful death lawsuit can be crucial as you plan your next steps.
This article covers the cost of hiring a wrongful death lawyer, the potential compensation types in wrongful death cases, and real-life examples where families were awarded damages.
Understanding Wrongful Death Cases and Legal Costs
Wrongful death cases arise when a person dies due to another party’s negligence or wrongdoing. Situations include car accidents, workplace accidents, medical malpractice, and unsafe premises. In Nevada, surviving family members, like a surviving spouse or children, can file a wrongful death lawsuit to seek compensation.
Types of Attorney Fee Arrangements in Wrongful Death Cases
Most wrongful death attorneys offer flexible fee arrangements to reduce financial stress for families, including:
Contingency Fee:
In most cases, a wrongful death attorney works on a contingency fee basis. This means the lawyer receives a percentage of the settlement or judgment only if the case is successful. Typical rates range from 25% to 40%.
Flat Fees:
In rare cases, attorneys may charge a flat fee for specific services, such as drafting legal documents or consulting on the case. This method is less common in wrongful death lawsuits, as these cases can be complex.
Hourly Fees:
Some attorneys may charge hourly fees for legal representation, although this is less common. With an hourly rate, clients pay the lawyer based on the time they spend on the case.
Additional Costs to Consider in Wrongful Death Cases
Even with a contingency fee arrangement, certain costs may apply. These can include:
Court Costs: Filing fees, documentation charges, and processing costs can add up in a wrongful death case.
Expert Witnesses: In wrongful death cases, expert witnesses may be required to testify about medical or forensic evidence, which can be an additional expense.
Medical Records: Retrieving medical records or other documents related to the victim’s death often involves small fees.
Settlement Negotiations: Lawyers may need to spend considerable time in negotiations with the responsible partyor insurance company to reach a fair settlement.
Expected Damages in a Wrongful Death Case
If you pursue a wrongful death claim, you may be entitled to various types of compensation. Here are some common damages:
Medical Expenses
Families can seek compensation for the medical expenses that occurred before the victim’s death. These might cover emergency care, surgeries, and treatment.
Case Example: In Johnson v. State Farm Mutual Auto Insurance Co., the court awarded the family $120,000 in medical expenses. In this car accident case, the family was able to demonstrate that the victim’s medical bills leading up to his death were extensive and that the responsible party was liable.
Burial Expenses
Compensation for funeral and burial costs is common in wrongful death cases. These expenses can quickly add up and cause financial strain.
Case Example: In Garcia v. Jackson Enterprises, the family of the deceased successfully claimed $15,000 in burial expenses after the wrongful death of a loved one in a workplace accident. The company was found liable for inadequate safety measures.
Lost Wages and Future Earnings
Families can also seek compensation for lost wages and potential future income that the deceased would have contributed to the family.
Case Example: In Smith v. Mid-City Hospital, a jury awarded $300,000 in lost wages to the surviving family members. The victim, a father of two, had been the primary breadwinner, and his income loss affected the family’s financial stability.
Pain and Suffering
Non-economic damages like pain and suffering, mental anguish, and emotional distress can also be claimed. This compensation acknowledges the emotional impact of losing a loved one due to another party’s negligence.
Case Example: In Wilson v. Trucking Inc., a Nevada court awarded $250,000 in pain and suffering to the family of a woman who died in a trucking accident. The family argued that the victim’s death had caused significant emotional distress to her children.
Loss of Consortium and Companionship
Compensation for loss of consortium refers to the loss of love, care, and companionship due to the deceased’s absence.
Case Example: In Turner v. Manufacturing Corp., the deceased person’s spouse and children received $150,000 for the loss of companionship. The court acknowledged the unique impact that the victim’s death had on the surviving family.
Additional Factors Affecting the Cost of a Wrongful Death Lawyer
Several factors influence the total cost and attorney fees:
Case Complexity: Complex cases involving multiple defendants or extensive investigations may result in higher attorney fees.
Case Duration: Lengthy cases that involve multiple court appearances and settlement negotiations may also increase costs.
Law Firm Reputation: Some law firms may charge higher fees due to their reputation, experience, and success rate.
Steps to Seek Justice for a Loved One’s Death
Navigating a wrongful death lawsuit can be daunting, especially while grieving. Here are essential steps to take:
Consult a Wrongful Death Attorney: Scheduling an initial consultation with a wrongful death attorney can help you understand your rights and the potential costs involved.
Collect Documentation: Medical records, police reports, and eyewitness statements strengthen your case.
File the Lawsuit: Your lawyer will file the wrongful death claim on your behalf, initiating the legal process.
Negotiate for a Fair Settlement: Your attorney will work with insurance companies and other responsible parties to reach a fair settlement.
How Much Can You Expect to Pay?
The exact cost of a wrongful death attorney depends on the factors mentioned, but generally, the contingency fee is about 33-40% of any settlement or award. Many families find that a contingency arrangement is beneficial, as it means there are no upfront payment requirements, and attorney fees are only due if the case is successful.
FAQ: Understanding Wrongful Death Lawyer Costs and Legal Process
1. How much does a wrongful death lawyer cost?
The cost of a wrongful death lawyer typically depends on the fee arrangement. Most wrongful death lawyers work on a contingency fee basis, which means they only get paid if they win your case. The contingency fee generally ranges from 25% to 40% of the settlement or court award, although some attorneys may charge differently. Factors like case complexity, the lawyer’s experience, and the law firm’s reputation can affect the final percentage.
2. What are contingency fees, and why are they common in wrongful death cases?
Contingency fees are a type of payment arrangement where the attorney is only paid if you receive compensation. This setup is common in wrongful death cases because it reduces the financial risk for families dealing with the loss of a loved one, allowing you to pursue justice without upfront costs.
3. Are there additional costs besides attorney fees?
Yes, additional costs may arise, including court costs, filing fees, fees for obtaining medical records, costs for expert witnesses, and other administrative expenses. Some law firms cover these expenses upfront and deduct them from your settlement, while others may ask you to pay as they arise.
4. What types of damages can I claim in a wrongful death lawsuit?
In a wrongful death lawsuit, damages may include medical expenses, burial costs, lost wages and future income, pain and suffering, and loss of companionship. These damages vary by case, but they are intended to compensate families for both financial and emotional losses.
5. How long does a wrongful death lawsuit typically take?
The length of a wrongful death lawsuit depends on the case’s complexity and whether a settlement is reached before trial. Some cases may settle in months, while others can take years if they go to court. Your attorney can provide an estimate based on the specific details of your case.
6. Do I need to pay anything upfront to hire a wrongful death lawyer?
Most wrongful death attorneys working on a contingency basis do not require upfront payments. They only receive payment if they win or settle the case on your behalf, making it more affordable for families.
7. Who can file a wrongful death lawsuit?
Typically, immediate family members like a surviving spouse, children, or parents can file a wrongful death lawsuit. In some cases, a personal representative or executor of the deceased person’s estate may file the claim on behalf of surviving family members.
8. What should I look for when hiring a wrongful death attorney?
When hiring a wrongful death attorney, consider their experience, track record with wrongful death cases, approach to fee arrangements, and their reputation. A compassionate, knowledgeable attorney can help you understand your rights, guide you through the legal process, and maximize your chances of a fair outcome.
9. Can I still file a wrongful death claim if my loved one was partially at fault?
Yes, in some states, you can still file a wrongful death claim if your loved one was partially at fault. The compensation may be reduced based on the degree of fault. Consulting with a wrongful death attorney familiar with local laws can help clarify how this might affect your case.
10. How can I get started with a wrongful death case?
To begin, contact a wrongful death lawyer for an initial consultation. During this meeting, you can discuss your case, the potential costs, and the likelihood of success. Many law firms, including Bourassa Law Group, offer free consultations to help you understand your options and make informed decisions.
Conclusion
Hiring a wrongful death lawyer can be essential for seeking justice, closure, and financial stability for your family after a tragic loss.
At Bourassa Law Group, our compassionate and experienced team is here to help you navigate this difficult time, protect your legal rights, and pursue fair compensation.
Contact Bourassa Law Group today for a free consultation and let us guide you through the process with expertise and care.
1-800-870-8910