The Shocking Truth About Wrongful Death - Part 14

Your Lawyer Doesn't Get Paid Unless You Do

Most of us don't have to hire lawyers very many times in our lives, so there's an understandable apprehension.  One source of anxiety is the fear that hiring a lawyer will cost too much money.  In a wrongful death case though, that shouldn't be a concern.  The vast majority of lawyers handling cases like these will work on a contingent fee basis.  That means that the lawyer's fee is covered through the settlement proceeds or court judgment.

The benefit of this type of arrangement is that the client doesn't have to pay the lawyer a big retainer up front, and in cases of need, the lawyer will cover the numerous expenses involved in a wrongful death case.  Litigating cases is an expensive endeavor.  Most people would never be able to come up with enough money to pay a lawyer by the hour for these time-consuming cases, let alone cover the big-ticket items such as payments to medical experts and the creation of complicated exhibits.  Under a contingency fee agreement, family members who lost a loved one don't have to be rich to get their day in court.  The contingency agreement provides access to justice - the keys to the court house.

The lawyer takes on considerable risk with this arrangement.  If the case has flaws that cause it to get dismissed before trial or the claims can't be proven in court, the lawyer doesn't get paid.  That's why most lawyers will be careful about what cases they decide to take on.  That's good for everyone.  The lawyer doesn't want to waste time, energy, and money on a weak claim.  And prospective clients don't want to get their hopes up when there may not be a case.

In most situations, the lawyer's fee will be 25-33.3 percent of the gross settlement or court award.  In some situations, the lawyer may set the contingent fee at 40 percent if the case is difficult and may have to go to trial, to cover the additional time, expense and risk required to take a case that far.  The likely size of the money damages is also a factor in setting a fair contingency fee.  In the event of a settlement or court award, the case expenses are taken from the client's portion of the recovery.

If the client has a concern about the reasonableness of a fee agreement, she has the right to have it reviewed by a court officer.

When you meet with a lawyer, you will have to sign a contract that specifies how the lawyer will be compensated and how the expenses will be paid.  Make sure that the contingency fee arrangement is clearly spelled out.  If you don't feel comfortable with the contract, don't sign it.  If you have questions, make sure you get answers before you sign the document.