Understanding Wrongful Death Lawyer Fees in Bakersfield

How much do wrongful death lawyers charge? Many of them are paid a percentage of the money recovered for the family, and you may still be responsible for case costs if there is no recovery. The rate and the cost terms are set out in a written fee agreement, so that document is the first place to look.

If you are asking this while grieving, you are in a hard spot. You may also be making decisions for a family you did not expect to lead. This page explains how fees, case costs, and recovery connect, and what to ask before you sign anything. Colvin Accident Lawyers is based in Bakersfield, California.

Many Wrongful Death Lawyers Charge a Contingency Fee

Contingency fees are calculated as a share of the amount recovered, not as hourly billing. You may still be responsible for costs advanced by the firm when there is no recovery. The lawyer’s fee is tied to the recovery, so it is set in the agreement you sign.

Fee rates vary by firm and by case. The rate you agree to is the number that counts, and it belongs in writing. Ask about it early, before the case moves forward.

Losing a loved one is hard enough. Now someone has to make decisions about a claim, and money may be tight. It’s normal to want clear answers before you commit to anything.

Colvin Accident Lawyers handles wrongful death cases along with car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, and catastrophic injury claims. For the broader picture of this practice, read our wrongful death lawyer guide.

The Free First Consultation Covers Your Questions

Colvin Accident Lawyers offers a free first consultation that is confidential and carries no obligation to continue. This first meeting is where you can ask the fee questions in this article.

You do not need every fact sorted out or every document in hand. A first meeting usually covers the facts of the death, who the family members are, and the deadlines that may apply. It also covers how the firm would handle fees and costs if your family decides to move forward.

Timing matters. California generally allows two years to file a claim for injury or death caused by another person’s wrongful act, under Code Civ. Proc. § 335.1. Bring a written list of your questions so none get lost in a hard week.

Case Costs Are Separate From the Fee

Case costs are the out-of-pocket expenses of building a claim, and they are separate from the fee percentage. Common examples include filing fees, records requests, medical record review, crash reconstruction, and fees for outside professionals who review evidence.

Your agreement should explain how these costs are handled. Look for wording such as “You may still be responsible for costs advanced” or “You will not owe costs if we do not recover.” Whichever statement appears, find it and ask for it to be explained before you sign.

Costs can add up over the life of a case. Ask who advances them, how they are tracked, and how you will see the totals. Ask for a copy of any cost statement in writing.

How the Fee Is Figured From the Recovery

The fee is figured using the method in your written agreement, so the agreement decides whether costs come out before or after the fee is calculated. Two families with the same recovery can end up with different net amounts if their agreements differ.

Ask the firm to walk you through the math step by step. Once the claim is evaluated, use your family’s own figures so the process is concrete. Ask the firm to show the fee percentage and the cost reimbursement as separate lines in writing.

Under Bus. & Prof. Code § 6147, the agreement must also say the fee is not set by law but is negotiable, unless a different fee rule applies. That means the rate is a term you can discuss.

Written Fee Agreements Are Required in California

A contingency fee contract in California must be in writing and signed by both the attorney and the client. The attorney must give the client a duplicate signed copy when the contract is entered into, under Bus. & Prof. Code § 6147. The California Courts Self-Help guide on hiring a lawyer also explains what to look for in a fee agreement.

The agreement must state the contingency fee rate you agreed to. It must also state how disbursements and costs will affect the fee and your recovery. Keep your copy somewhere safe, because you will want to check it later.

The agreement also has to say to what extent you could be required to pay the attorney for related matters outside the contingency fee contract. Under the same statute, a contract that fails these requirements can be voided at the client’s option. If that happens, the attorney may still collect a reasonable fee.

What a Wrongful Death Claim Can Recover

Certain family members can bring a wrongful death claim, and a personal representative can file it on their behalf. Under Code Civ. Proc. § 377.60, those include a surviving spouse, domestic partner, and children. Other people may also have standing under that section, including intestate heirs when the decedent left no surviving issue, and, if they were dependent on the decedent, a putative spouse, stepchildren, or parents. A minor who lived in the decedent’s household for the previous 180 days and was dependent on the decedent for one-half or more of the minor’s support may also qualify.

Under Code Civ. Proc. § 377.61, a wrongful death action may award damages that, under all the circumstances, may be just, but may not include damages recoverable under Section 377.34. The court decides how the award is shared among the people entitled to it.

A separate survival claim works differently. Under Code Civ. Proc. § 377.34, damages in that action are limited to the loss or damage the person sustained before death, including any penalties or punitive or exemplary damages the person would have been entitled to recover had they lived. Under Code of Civil Procedure section 377.34, survival-claim damages do not include pain, suffering, or disfigurement, except in an action granted a preference under Section 36 before January 1, 2022, or filed on or after January 1, 2022, and before January 1, 2026. Which losses apply depends on the facts of your case.

Factors That Affect How a Claim Is Valued

No lawyer can predict what a specific claim will be worth before the facts are investigated. Value depends on the facts of each case, not on a standard amount.

Facts that often come up include the age and health of the person who died, what that person earned, and how each family member relied on them. The relationship with each heir also shapes the claim. These facts take time to gather, and they can change how the case is presented.

Connect these factors to the fee question. Ask how the firm will evaluate your family’s claim, and how the fee will relate to whatever is recovered. A clear answer on both points is part of an informed decision.

Questions to Ask Before You Decide

Ask how the fee is figured, whether it is taken before or after costs, and which costs the firm advances. Also ask whether you may still owe those costs if nothing is recovered. Get each answer in writing.

Ask how any recovery would be taxed under IRS rules. Your tax situation is your own, so raise it with a tax professional as well.

For a broader look at whether to pursue a claim, read is a wrongful death lawsuit worth it.

If you are making these decisions for a family member right now, you do not have to work through them by yourself. You can reach out through our contact page when you’re ready, and we’ll go over your family’s questions with you.

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