What matters most when choosing a wrongful death attorney
You are not looking for the biggest name or the flashiest website. You are looking for someone who has handled wrongful death cases from car accidents specifically, who will be honest about what your case is worth, and who charges in a way that does not force you to choose between paying them and paying your bills while you grieve.
Most wrongful death attorneys work on contingency—meaning they take a percentage of what you recover, not an upfront fee. This matters because it means the attorney only gets paid if you do. It also means you should understand exactly what percentage they take, what costs come out before you see money, and whether they will advance those costs or you pay them back later.
The attorney you choose will handle negotiations with the at-fault driver's insurance company, file court documents if a settlement does not happen, and represent your family through depositions and trial if necessary. They will also help you understand what damages you can claim—not just funeral and medical costs, but lost wages, loss of companionship, and pain and suffering.
Key Takeaways
- Look for attorneys who have handled wrongful death car accident cases, not just general personal injury work, because the legal path is different.
- Contingency fees are standard, but the percentage varies—typically 25 to 40 percent—and you should know what costs are deducted before you receive your settlement.
- Your state bar association and local bar referral services can give you names of attorneys in your area; do not rely only on online reviews or ads.
- A good attorney will give you a clear estimate of what your case might be worth based on similar cases, not a may provide.
- Meet with at least two or three attorneys before deciding, because the fit matters—you need someone you trust to represent your family's interests.
How to find attorneys who handle wrongful death cases
Start with your state bar association's website. Most have a "find a lawyer" tool where you can filter by practice area and location. Search for "wrongful death" or "personal injury" and look at attorneys in your county or nearby. The bar association does not endorse anyone, but it confirms they are licensed and in good standing.
Your local bar association may also run a referral service—a phone line or online form where you describe your case and they give you names of attorneys who take cases like yours. This is free and often faster than searching on your own.
Ask people you trust—your family doctor, your employer's HR department, friends who have been through litigation—whether they know an attorney or can recommend one. Personal referrals often lead to better fits than online searches.
Do not start with Google ads or sponsored results. Those are attorneys paying to appear at the top, not necessarily the ones most may have access to for your case. Read reviews on Google and Avvo, but remember that people who had bad experiences are more likely to leave reviews than people who were satisfied.
Questions to ask when you call or meet an attorney
Before you spend time meeting in person, call and ask these questions over the phone. If an attorney or their staff will not answer basic questions, that is a sign to move on.
Have you handled wrongful death cases from car accidents? You want someone with specific experience, not someone who handles wrongful death cases from medical malpractice or workplace accidents. The law and the evidence are different.
How many cases like mine have you handled in the last three years? You are looking for someone with recent, active experience—not someone who handled one case five years ago.
What is your contingency fee, and what costs come out of my recovery? Typical contingency fees range from 25 to 40 percent. Costs usually include court filing fees, informed witness fees, and investigation costs. Ask whether the attorney advances these costs or you repay them from your settlement.
What do you think my case might be worth? They should be able to give you a range based on similar cases—funeral costs, lost wages, and damages for loss of companionship. They should not promise a specific number or may provide any outcome.
How long do cases like this usually take? Wrongful death cases often take one to three years from filing to settlement or trial, depending on the complexity and whether the other side disputes liability.
Will you handle this case yourself, or will someone else in your firm do most of the work? You want to know who you are actually working with, not just whose name is on the letterhead.
Understanding contingency fees and what you actually receive
A contingency fee means the attorney takes a percentage of your recovery instead of charging you hourly. If you recover nothing, the attorney receives nothing (though you may still owe costs in some cases—ask about this).
The percentage varies. In many states, attorneys charge 25 to 33 percent for cases settled before trial and 33 to 40 percent for cases that go to trial. Some attorneys negotiate a lower percentage if your case is straightforward and settles quickly.
Costs are separate from the attorney's fee. These typically include court filing fees (usually $200 to $500), informed witness fees (can be $1,000 to $5,000 or more), medical record retrieval, and investigation. Ask your attorney whether they advance these costs or you repay them from your settlement. If you repay them, they come out before the attorney's fee.
Example: If your settlement is $100,000, your attorney's fee is 33 percent ($33,000), and costs total $5,000, you receive $62,000. The attorney and costs are paid from the settlement, not added on top.
What to expect in your first meeting
A good attorney will spend 30 minutes to an hour with you, either in person or by phone. They will ask detailed questions about the accident, the death, your relationship to the person who died, and your family's financial situation. They will also ask about any prior settlements or insurance claims.
They should explain the legal process in plain language—what happens next, what evidence matters, and what your role will be. They should also be honest about weaknesses in your case. If the at-fault driver was clearly at fault and your damages are straightforward, they should say so. If liability is disputed or damages are hard to prove, they should explain why.
Do not sign anything at the first meeting. Take time to think, compare what different attorneys told you, and call back with follow-up questions. A good attorney will not pressure you to decide when ready.
Red flags to watch for
Do not work with an attorney who guarantees a specific outcome or settlement amount. No one can promise that. Courts and insurance companies make their own decisions.
Do not work with an attorney who will not explain their fee structure clearly or who seems evasive about costs. You have the right to understand exactly how much you will pay.
Do not work with an attorney who does not ask detailed questions about your case or who seems to be rushing you. If they treat your case like one of hundreds they are juggling, you may not get the attention it deserves.
Do not work with an attorney who pressures you to settle quickly or who discourages you from asking questions. Your attorney works for you, not the other way around.
What happens after you hire an attorney
Your attorney will send a demand letter to the at-fault driver's insurance company, describing the accident, your family's losses, and the amount you are seeking. The insurance company will investigate and make a counteroffer. Most cases settle during this back-and-forth negotiation.
If a settlement cannot be reached, your attorney will file a lawsuit in civil court. This triggers discovery—a period where both sides exchange documents and take depositions (recorded interviews). Your attorney will prepare you for your deposition and guide you through the process.
If the case goes to trial, your attorney will present evidence, call witnesses, and argue on your family's behalf. You may be asked to testify about your relationship with the person who died and how their death has affected you.
Throughout this process, your attorney should keep you informed. You should receive copies of important documents and have a clear sense of where the case stands. If you do not hear from them for weeks, that is a sign to follow up.
Frequently Asked Questions
Can I change attorneys if I am not happy with the one I hired?
Yes, but it can be complicated. You will need to notify your current attorney in writing and may need to pay them for work they have already done. Your new attorney will need to file a motion with the court to take over the case. It is better to choose carefully the first time, but you are not locked in forever.
What if the at-fault driver does not have insurance or does not have enough insurance?
Your attorney can pursue the driver personally, but collecting from an individual is often difficult. You may also have uninsured or underinsured motorist coverage through your own auto policy. Your attorney will explore all available sources of recovery.
How long after the accident can I file a wrongful death suit?
This depends on your state's statute of limitations, which typically ranges from two to four years. Some states have shorter important date for certain types of claims. Do not wait—contact an attorney as soon as you can so they can file before the important date passes.
Will my case go to trial or will it settle?
Most wrongful death cases settle before trial, but your attorney cannot know for certain until they see how the insurance company responds. Your attorney should discuss the likelihood based on the facts of your case and similar cases they have handled.
What if I cannot afford to wait months or years for a settlement?
Some attorneys can help you get a lawsuit loan or settlement advance—money borrowed against your expected recovery. These loans have high interest rates and fees, so use them only if you have no other option. Ask your attorney whether this is available in your situation.