An Atlanta wrongful death lawyer typically charges a contingency fee. Under a contingency fee agreement, you only pay the attorney’s fees if the attorney successfully secures a settlement or court award on your case. This fee structure allows families to pursue compensation without the burden of upfront legal costs.
Understanding this general cost structure is the first step in deciding whether to pursue a wrongful death claim. In the following sections, we will explore the specifics of how these fees work, what they typically include, and other factors that can affect the overall cost.
Understanding Contingency Fees in Wrongful Death Cases
When dealing with the financial aspects of a wrongful death case, it’s important to understand how contingency fees work:
What Are Contingency Fees?
Contingency fees are a common payment structure in wrongful death cases. With this arrangement, you do not pay any upfront fees to your lawyer. Instead, the lawyer’s fee is a percentage of the final settlement or court award. This percentage is typically agreed upon before the case begins, ensuring transparency and clarity. If the case does not result in a favorable outcome, you are not responsible for paying attorney fees.
How Is the Percentage Determined?
The percentage charged as a contingency fee can vary depending on the complexity of the case, the estimated time and resources required, and the potential recovery amount. It’s essential to discuss this with your personal injury lawyer beforehand so that you fully understand how much you will owe if your case is successful.
What Are the Benefits of Contingency Fees?
One of the main benefits of contingency fees is that they provide access to legal representation without the burden of upfront costs. This fee structure aligns the lawyer’s interests with yours, as they only get paid if you win your case. Additionally, it allows you to focus on grieving and healing, knowing that the legal aspect is being handled without immediate financial stress.
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Additional Costs to Consider in a Wrongful Death Case
While contingency fees cover the cost of legal representation, there are other potential expenses associated with pursuing a wrongful death case. Understanding these costs can help you prepare for the financial aspects of your wrongful death claim:
- Court Filing Fees: These are the costs associated with filing legal documents with the court. Filing fees vary by jurisdiction and can range from a few hundred to several thousand dollars, depending on the complexity of the case.
- Expert Witness Fees: Expert witnesses, such as medical professionals or accident reconstruction specialists, may be necessary to support your case. Their fees can be significant, depending on their level of expertise and the amount of time they spend on the case.
- Investigation Costs: Thorough investigations are often required to gather evidence and build a strong case. This can include costs for private investigators, document retrieval, and other related expenses.
- Deposition Costs: Depositions involve taking sworn testimony from witnesses and experts before trial. The costs for depositions include court reporter fees, transcription costs, and fees for expert witnesses’ time.
- Administrative Expenses: These can include the cost of copying, mailing, and managing documents related to the case. While these expenses are generally smaller, they can add up over the course of a lengthy legal process.
- Trial Preparation Costs: Preparing for trial may require additional expenses, such as creating exhibits, printing materials, and other logistical costs that arise as the case moves closer to court.
How Are These Costs Handled?
In many cases, the law firm may advance these costs on your behalf, with the understanding that they will be reimbursed from the settlement or award if your case is successful. It’s important to discuss how these expenses will be managed before proceeding with your case.
Alternative Payment Structures for Wrongful Death Cases
While contingency fees are the most common payment structure for wrongful death cases, other arrangements may be available depending on the law firm and the specifics of your case:
- Hourly Rate: Some lawyers may charge by the hour for their services. With this arrangement, you would pay for the time the lawyer spends working on your case, regardless of the outcome. This structure is less common in wrongful death cases due to the significant financial burden it can place on clients.
- Flat Fee: A flat fee is a one-time payment for the entire case. This option is rare in wrongful death cases because the complexity and unpredictability of these cases often make it difficult to estimate the total amount of work required.
- Hybrid Fee: In some instances, a lawyer might offer a hybrid payment structure, combining a reduced hourly rate with a contingency fee. This arrangement can help balance the lawyer’s need for some guaranteed payment with your need for affordability.
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How to Choose the Right Wrongful Death Lawyer for Your Case
Selecting the right wrongful death attorney can make a difference in your experience and comfort through the legal process. Here are some key factors to consider when making your decision:
- Experience in Wrongful Death Cases: Look for a lawyer who has handled wrongful death claims in the past.
- Track Record of Success: Review the lawyer’s history of verdicts and settlements in wrongful death cases.
- Communication Style: Choose a lawyer who listens to your concerns, explains legal concepts clearly, and keeps you informed throughout the process.
- Client Reviews and Testimonials: Research client reviews and testimonials to gain insight into other clients’ experiences with the lawyer.
- Resources and Support: Ensure the lawyer has access to the necessary resources, such as expert witnesses and investigative teams, to build a strong case on your behalf.
- Fee Structure Transparency: Make sure you understand how the contingency fee works, what additional costs might arise, and how those expenses will be handled.
- Compassionate Guidance: This is a difficult time for your family, so you will also want a law firm that has the patience to manage your case and allow your family to grieve.
Be aware that you must initiate your wrongful death lawsuit within two years of losing your loved one, per O.C.G.A. § 9-3-33. You will also want an attorney who will stay on top of all deadlines related to your family’s case.
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Contingency Fee Services for Your Family’s Wrongful Death Claim
At Kaine Law, we provide families’ legal representation on a contingency fee basis. We can give you the compassionate representation you need.
Call us today for a free case consultation.
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