What to look for in a wrongful death attorney
You need an attorney who has handled wrongful death cases in California courts, not someone who handles wrongful death as one item in a general practice. The difference matters because wrongful death law in California has specific rules about who can sue, what damages are recoverable, and how to prove causation in front of a jury. An attorney who regularly does this work knows the judges, knows what evidence juries in your county respond to, and knows which informed witnesses are credible.
Ask directly: How many wrongful death cases have you taken to trial or settlement in the last five years? How many were in your county? If an attorney hesitates or gives a vague answer, that is a signal to keep looking. You want someone with a track record, not someone learning on your case.
The attorney should also understand the specific type of death your case involves. A wrongful death from a car accident requires different informed than a medical malpractice death or a workplace death. Some attorneys specialize; others have broad experience. Either can work, but you should know which one you are hiring and why they are the right fit for your facts.
Key Takeaways
- An attorney with five or more wrongful death trials or settlements in your county will understand local judges and juries better than a generalist.
- California law limits who can sue for wrongful death—usually the spouse, children, or parents—and an experienced attorney will know whether your family member has legal standing to bring the case.
- Wrongful death cases are typically handled on contingency, meaning you pay nothing upfront and the attorney takes a percentage of any settlement or judgment, usually 25 to 40 percent.
- The initial consultation should be free, and the attorney should explain the strength of your case, the likely timeline, and what evidence they will need from you.
- Check the State Bar of California website to confirm the attorney is in good standing and to see any public discipline history.
How contingency fees work in wrongful death cases
Most wrongful death attorneys in California work on contingency, which means they do not charge you a fee upfront. Instead, they take a percentage of the money you recover—either through settlement or trial judgment. That percentage is usually between 25 and 40 percent, depending on the attorney and the complexity of the case. If you recover nothing, the attorney receives nothing.
Before you hire, the attorney must give you a written fee agreement that spells out the exact percentage, what costs are deducted before or after the fee is calculated, and whether the percentage changes if the case goes to trial. Read this carefully. Some agreements say the attorney takes 33 percent of a settlement but 40 percent if the case goes to trial—this is legal and common, but you need to know it going in.
Costs are separate from the attorney's fee. Costs include filing fees, informed witness fees, court reporter fees, and investigation expenses. The fee agreement should say whether you pay these costs upfront, whether the attorney advances them and deducts them from your recovery, or whether costs are split. If the attorney advances costs, they are usually deducted from your recovery before the percentage fee is calculated, which reduces what you take home.
Where to find wrongful death attorneys in California
Start with the State Bar of California website, which has a lawyer referral service. You can search by practice area and location. This does not mean the State Bar endorses any particular attorney—it is straightforward a directory—but it does mean the attorney is licensed and in good standing.
Ask for referrals from people you trust who have been through litigation, or contact local legal aid organizations; they often maintain lists of private attorneys who handle wrongful death cases. Your county bar association may also have a referral service.
When you find an attorney's name, search for them online and look for their website, reviews on legal directories like Avvo or Google, and any news coverage of their cases. Be skeptical of reviews—some are real, some are not—but patterns matter. If multiple sources say an attorney is difficult to reach or slow to communicate, that is worth noting.
Questions to ask during the initial consultation
The first meeting should be free. Use it to assess whether this attorney is right for your case. Bring any documents you have: the death certificate, police or accident reports, medical records, and any correspondence with the defendant or their insurance company.
Ask these questions:
- How many wrongful death cases have you handled in the last five years, and how many went to trial? This tells you their experience level and whether they are comfortable taking cases all the way to court.
- What is your assessment of my case's strength? A good attorney will be honest about weaknesses as well as strengths. If they say your case is a slam dunk, be cautious.
- What is the likely timeline from now to settlement or trial? Wrongful death cases often take two to four years, but it varies. You need a realistic picture.
- What evidence do you need from me, and what will you investigate? The attorney should explain what they will do and what you are responsible for.
- How will you communicate with me, and how often? Ask about their typical response time to calls and emails. If they say they will call you back in a week, that is slower than you may want.
- What is your fee agreement, and what costs will I be responsible for? Get this in writing before you sign anything.
Checking an attorney's background and disciplinary history
Go to the State Bar of California website and use the "Find a Lawyer" tool. Search the attorney by name. The results will show their license status, practice areas, and any public discipline. Public discipline includes suspensions, disbarments, and formal complaints that resulted in action by the State Bar.
Public discipline does not mean an attorney is bad—sometimes it reflects a single mistake years ago that was resolved—but it is information you should have. If an attorney has been disciplined multiple times or recently, that is a red flag.
You can also search the attorney's name in your county court records online. Most California counties have searchable case databases. If the attorney has handled cases in your county, you may be able to see the outcomes and how long cases took.
Red flags to watch for when hiring
Do not hire an attorney who promises a specific outcome or a minimum recovery. No honest attorney can may provide you will win or that you will receive a certain amount of money. If someone says they can, they are either lying or they do not understand the law.
Avoid attorneys who pressure you to sign a fee agreement when ready or who are vague about costs and fees. You should have time to read the agreement, ask questions, and think it over. If an attorney rushes you, that is a sign they may not respect your time later.
Be wary of attorneys who do not ask detailed questions about your case or who seem more interested in signing you up than in understanding your facts. A good attorney will spend time learning what happened and assessing whether they can help.
If an attorney has no office, no website, and no verifiable track record, keep looking. You want someone established and reachable.
What happens after you hire an attorney
Once you sign the fee agreement, your attorney will begin investigating. They will obtain police reports, medical records, and any other documents related to the death. They will interview witnesses and may hire experts—such as accident reconstructionists or medical experts—to establish that the defendant's conduct caused the death.
Your attorney will also identify all potential defendants. In a car accident, this might be the other driver and their employer. In a medical malpractice death, it might be the doctor, the hospital, and the medical device manufacturer. California law allows you to sue multiple parties if they all contributed to the death.
The case will likely go through discovery, a process where both sides exchange documents and take depositions (recorded statements under oath). This phase can take months to a year or more. Settlement negotiations may happen at any point. If no settlement is reached, the case goes to trial, where a jury decides whether the defendant is liable and what damages to award.
Frequently Asked Questions
Can I sue if the death happened more than a year ago?
California has a statute of limitations for wrongful death claims, usually two years from the date of death. If more than two years have passed, you may be barred from suing. However, there are exceptions in some cases—for example, if the defendant concealed their wrongdoing. Contact an attorney when ready if you are close to the important date.
Who in my family can sue for wrongful death in California?
California law limits who has legal standing to bring a wrongful death claim. Generally, the spouse, domestic partner, children, and parents of the deceased can sue. If none of these exist, other heirs may be able to sue, but the rules are complex. An attorney will tell you whether your family member has standing.
What damages can I recover in a wrongful death case?
You can recover economic damages (medical bills, funeral costs, lost wages the deceased would have earned) and non-economic damages (loss of companionship, emotional distress, loss of parental guidance). Punitive damages—meant to punish the defendant—are available in some cases but are rare. An attorney will explain what damages explore to your situation.
How long does a wrongful death case usually take?
Most wrongful death cases take two to four years from filing to settlement or trial. Some resolve faster if liability is clear and the parties agree on damages. Others take longer if the case is complex or if the defendant contests liability. Your attorney should give you a realistic timeline based on your specific facts.
Do I have to go to trial, or can we settle?
Most wrongful death cases settle before trial. Settlement is faster, less expensive, and more predictable than trial. However, if the defendant will not offer a fair amount, your attorney may recommend going to trial. You and your attorney make this decision together, and you have the final say.