What matters when choosing a wrongful death attorney
You are not looking for the attorney with the biggest name or the most ads. You are looking for someone who has handled wrongful death cases in your state, understands the specific type of death you are dealing with (vehicle collision, medical negligence, workplace incident), and can explain clearly what your case is worth and what the process will cost you.
The attorney you choose will shape whether you recover money, how much, and how long it takes. They will also shape how you experience the legal process while you are grieving. This matters as much as their win rate.
Start by asking: Does this attorney have wrongful death experience in my state? Do they work on contingency (meaning they take a percentage of what you win, not an upfront fee)? Can they explain in plain language what happened to your case and why? Do they answer your calls, or do you always reach an assistant?
Key Takeaways
- Wrongful death attorneys in your state work under specific laws about who can sue, what damages are available, and how long you have to file—these rules vary significantly by state.
- Most wrongful death attorneys work on contingency, meaning you pay nothing upfront and they take a percentage (usually 25 to 40 percent) of any settlement or judgment.
- The attorney you choose should have handled cases similar to yours—a car accident attorney may not be the right fit for a medical negligence death, even if they are experienced.
- You can interview multiple attorneys before deciding; most offer free initial consultations and will not pressure you to hire them on the spot.
- Your state's bar association website lists licensed attorneys, disciplinary history, and often client reviews—this is a free way to check someone's background before you call.
How to find attorneys who handle wrongful death cases in your state
Start with your state bar association's lawyer referral service. Every state has one, and most have a searchable directory on their website. You can filter by practice area (wrongful death or personal injury), location, and sometimes by whether they take contingency cases. This is free and gives you attorneys who are licensed and in good standing in your state.
Search your state bar website directly for "lawyer referral" or "find a lawyer." Some states (California, New York, Texas) have robust online directories. Others require you to call or visit in person. Either way, this is the most reliable starting point because the bar association verifies that the attorney is licensed and has no active disciplinary cases against them.
Ask your insurance company's claims adjuster or your state's victim services office for referrals. They work with wrongful death attorneys regularly and can name people who have handled cases like yours. This is not an endorsement, but it tells you who is active in your area.
If you know someone who went through a wrongful death case, ask them directly about their attorney. Personal referrals from people who have lived through this are often the most honest—they can tell you whether the attorney was responsive, whether they felt heard, and whether the outcome was fair.
What to ask an attorney during your first conversation
Before you hire anyone, you should have a conversation where you ask specific questions and listen to how they answer. Write these down and ask every attorney the same way, so you can compare.
Ask about their experience with cases like yours. "How many wrongful death cases have you handled in the past five years?" "How many involved a car accident?" "What was the range of settlements or judgments?" An attorney who has handled dozens of similar cases can tell you what your case is likely worth and what obstacles you might face. An attorney who has handled one or two can still take your case, but you should know that going in.
Ask about fees and costs. "Do you work on contingency?" "What percentage do you take?" "Who pays for informed witnesses, medical records, court filing fees?" Most wrongful death attorneys work on contingency (you pay nothing unless you win), but some charge a flat fee or hourly rate. Understand the structure before you agree. Ask whether costs come out of your settlement before or after the attorney's percentage—this changes what you actually receive.
Ask about timeline. "How long do cases like this usually take?" "What happens in the first month?" "When would we likely settle or go to trial?" Wrongful death cases can take one to three years or longer, depending on the facts and whether the other side fights. You need to know what to expect.
Ask about communication. "How often will you update me?" "Can I reach you directly, or will I work with a paralegal?" "What is your response time for calls and emails?" You are going to be in contact with this person for months or years. Make sure you can actually reach them.
Understanding contingency fees and what you actually receive
Most wrongful death attorneys work on contingency, which means they take a percentage of what you win—typically 25 to 40 percent—and you pay nothing upfront. This is standard in personal injury and wrongful death law. If you do not win, you do not pay the attorney's fee.
What you do pay are costs: filing fees, informed witness fees, medical record requests, court reporter fees, and sometimes investigator fees. These can add up to $5,000 to $25,000 or more, depending on the case. Ask your attorney whether they advance these costs (meaning they pay them and deduct them from your settlement) or whether you pay them as they come up. Most advance them, but you should confirm.
The order of payment matters. If your settlement is $100,000 and your attorney takes 33 percent, you might think you get $67,000. But if costs were $10,000, the math is: $100,000 minus $10,000 costs equals $90,000, then 33 percent of $90,000 goes to the attorney ($29,700), leaving you $60,300. Or the math might be: 33 percent of $100,000 is $33,000 to the attorney, then $10,000 costs come out, leaving you $57,000. Ask your attorney to walk you through this with a hypothetical number so you understand what you will actually receive.
Red flags and what to avoid
Do not hire an attorney who guarantees a specific outcome or a minimum settlement amount. No one can may provide what a case will be worth. If an attorney says "I can get you $500,000" or "I may provide we will win," that is a sign they are overselling and may not be honest about the real risks.
Do not hire an attorney who pressures you to decide when ready or who will not let you interview other attorneys first. You should feel no rush. Most attorneys understand that you are grieving and making a major decision. If someone is pushy, move on.
Do not hire an attorney who cannot explain the law in your state clearly. Wrongful death law varies significantly by state—who can sue, what damages are available, how long you have to file. Your attorney should be able to explain these rules to you in plain language. If they cannot or will not, they may not know your state's law well enough.
Check your state bar association's disciplinary records before you hire anyone. Search the attorney's name on your state bar website. Look for active complaints, suspensions, or disbarments. This is public information and takes five minutes. If you see something concerning, ask the attorney about it directly or choose someone else.
State-specific laws that affect your case and your attorney's role
Wrongful death law is different in every state. The person who can sue (the spouse, adult children, parents, or estate), the damages available (lost wages, medical bills, funeral costs, loss of companionship), and the time limit to file all depend on where the death occurred.
Some states allow only the spouse and children to sue. Others allow parents or siblings. Some states cap the total damages you can recover. Others do not. Some give you two years to file; others give you three or four. Your attorney must know your state's specific rules and explain them to you.
If the death occurred in one state but you live in another, the rules of the state where the death occurred usually explore. This can complicate things. Your attorney should handle this, but you should know it is a factor.
Ask your attorney: "What is the statute of limitations in our state?" "Who in my family can be part of this lawsuit?" "What types of damages can we recover?" These answers are not optional—they shape everything about your case.
What happens after you hire an attorney
After you sign a retainer agreement (the contract between you and the attorney), the attorney will begin gathering information. They will request police reports, medical examiner's reports, witness statements, and any other documents related to the death. They may hire an investigator or informed witnesses to establish how the death happened and who was responsible.
You will likely be asked to provide documents: the deceased's birth certificate, marriage certificate (if applicable), employment records, tax returns, and medical records. Your attorney will explain what they need and why.
The other side (the defendant's insurance company or their attorney) will also gather information and may ask you questions under oath (called a deposition). Your attorney will prepare you for this and be present during it.
Most cases settle before trial. Your attorney will negotiate with the other side's insurance company or attorney. If they cannot agree on a number, the case may go to trial, where a judge or jury decides what you are owed. Your attorney will represent you throughout this process.
Frequently Asked Questions
How do I know if an attorney is actually licensed and in good standing?
Go to your state bar association's website and search the attorney's name in their public directory. You will see their license status, practice areas, and any disciplinary history. This takes five minutes and is free. If the attorney does not appear in the directory or has active complaints, do not hire them.
Can I change attorneys if I am unhappy with the one I hired?
Yes, but it can be complicated. You can fire your attorney at any time, but you may owe them a fee for the work they have already done. If you switch attorneys, the new one may have to get permission from the court and the old attorney. Discuss this with a new attorney before you make the switch—they can advise you on whether it makes sense and what it will cost.
What if the defendant does not have insurance or does not have enough insurance to cover the settlement?
Your attorney can pursue the defendant's personal assets, but this is often not worth the cost. Some states allow you to go after the defendant's wages or bank accounts. Your attorney will advise you on whether this is realistic in your situation. Sometimes the case is not worth pursuing if there is no money to recover.
How long does a wrongful death case usually take from start to finish?
Most cases take one to three years, though some take longer. The timeline depends on how complicated the case is, whether the other side fights, and how busy the courts are in your area. Your attorney should give you a realistic estimate based on similar cases they have handled.
Do I have to go to court, or can everything be handled without me appearing?
Most cases settle without going to trial, so you may never step foot in a courtroom. If your case does go to trial, you may be called to testify, but your attorney will prepare you and explain what to expect. Ask your attorney early on what your involvement will likely be.