Losing someone because of another person’s carelessness is one of the hardest things a family can go through. The legal questions that follow — who can file, what it costs, how to find the right attorney — come at the worst possible time. I’m Ali Razavi, and at Razavi Law Group | Who Hurt You? we work with families in Bakersfield and across California who are trying to make sense of those questions. This post answers the ones we hear most often, plainly and specifically.

Do Wrongful Death Attorney in California Charge a Third of What Is Award in the Settlement in Bakersfield?

This is the question I get asked most often in initial calls. The short answer: contingency fees in California wrongful death cases are not fixed by law at any single percentage. The arrangement is always negotiated between the attorney and the client, and it must be set out in a written fee agreement signed before the attorney does any significant work. The State Bar of California requires that agreement in writing for contingency matters.

That said, one-third of the gross recovery is a common starting point that many wrongful death attorneys in California quote — and that figure has been standard in personal injury work for decades. The American Bar Association confirms that contingency fees in civil matters typically range depending on case complexity, whether the matter settles before trial, and the costs the firm advances on the client’s behalf.

A few things are worth understanding before you sign anything. First, costs — filing fees, expert witness fees, deposition costs, medical record retrieval — are separate from the attorney’s fee percentage unless the agreement specifically says otherwise. Some firms deduct costs from the gross recovery before calculating the fee; others calculate the fee first and then deduct costs. That distinction can move thousands of dollars between the client’s pocket and the firm’s. Ask specifically how your attorney’s agreement handles it.

Second, if the case goes to trial rather than settling, some agreements include a higher percentage — sometimes closer to 40 percent — because of the added work involved. A case that settles quickly at mediation may warrant a different arrangement. Read the agreement carefully, and do not hesitate to negotiate.

What you should never pay is an upfront retainer to a wrongful death attorney in California. This work is done on contingency precisely because grieving families shouldn’t have to pay out of pocket to pursue a legitimate claim. If an attorney asks for money before they’ve recovered anything for you, treat that as a red flag.

Is Money from a Wrongful Death Insurance Settlement Taxable?

Most of the money a family receives from a wrongful death settlement is not subject to federal income tax. Under Section 104 of the Internal Revenue Code, compensatory damages received on account of personal physical injury or physical sickness — including the death of a family member — are generally excluded from gross income. That covers compensation for lost financial support, loss of companionship, and similar wrongful death damages.

There are exceptions. If any portion of the settlement is allocated to punitive damages, that amount is taxable. Interest that accrues on a settlement — particularly if payment is delayed — is also taxable as ordinary income. If the settlement includes compensation for the estate’s own economic losses distinct from the heirs’ losses, the tax treatment can vary.

The cleanest way to handle this: before you accept any settlement, have your attorney work with a tax professional to make sure the settlement agreement clearly allocates each category of damages. Vague settlement language can create IRS disputes later. This is one area where spending a few hundred dollars on an accountant’s review can protect a much larger sum.

I tell every client the same thing — the IRS treats these cases individually, and the structure of your settlement matters as much as the amount. Do not assume everything is tax-free without reviewing the breakdown with a qualified tax professional.

How Much Do Attorneys Charge for a Wrongful Death Lawsuit?

As noted above, the standard arrangement in California is a contingency fee — meaning the attorney collects a percentage of what is recovered, and nothing if nothing is recovered. The precise percentage varies by firm and by case.

Beyond the percentage itself, families should understand what “recovered” means in their agreement. Does it mean the gross settlement before costs? The net amount after costs? These are not hypothetical distinctions. In a case with $80,000 in expert fees and deposition costs, the difference between “fee on gross” and “fee on net” is real money.

Some firms also charge what are called “case costs” separately and expect to be reimbursed from any recovery even if the fee percentage is lower. Others advance all costs and take their reimbursement from the recovery simultaneously with the fee. There is no single California rule that mandates one approach, so the written agreement governs everything.

If the case is straightforward — clear liability, cooperative insurance carrier, quick settlement — the overall cost to the family will be lower even at the same percentage, because costs are smaller and time is shorter. If liability is disputed or multiple defendants are involved, costs climb. Cases involving truck accidents or aviation incidents, for example, often require expensive technical experts from day one.

What I can say from experience: the families who do worst financially are the ones who sign the first fee agreement put in front of them without reading it. A legitimate attorney will walk you through every line.

Who Can File a Wrongful Death Claim in California?

This matters before anything else, because not every family member has the legal right to file.

California Code of Civil Procedure 377.60 defines who may bring a wrongful death action. The statute names the surviving spouse or domestic partner first, then children, then the issue of any deceased children. If none of those exist, the right passes to persons who would inherit the decedent’s property under California’s intestate succession laws.

Certain others — a putative spouse, stepchildren, parents, or legal guardians — may have standing depending on whether they were financially dependent on the decedent, and in some cases on the family structure involved.

Siblings, cousins, grandparents, and extended family members do not automatically have the right to file. Eligibility depends on the specific family structure and, in some situations, on dependency. If you are unsure whether you qualify, an attorney can review your situation against the statute quickly.

The deadline for filing runs from the date of death — not the date of the underlying accident or incident. California’s general statute of limitations for wrongful death claims is two years from the date of death under Code of Civil Procedure 335.1. If the death involved a government entity — a public hospital, a city vehicle, a county employee — different rules apply, and the timeline is significantly shorter. Talk to an attorney before that window closes.

You can find a fuller overview of how California wrongful death law works through Justia’s legal information resources and Cornell Law School’s overview of wrongful death statutes.

How to Find a Wrongful Death Attorney in Bakersfield?

Start with the State Bar of California’s attorney search, which lets you verify that a lawyer is licensed and in good standing. FindLaw’s attorney directory also allows you to search by practice area and location.

Beyond the directory search, referrals from people who have been through similar situations carry more weight than any advertisement. If a family member or friend went through a personal injury case and had a good experience, that attorney — or someone that attorney recommends — is worth calling.

When you search specifically in Bakersfield, look for attorneys who handle wrongful death claims specifically, not just general personal injury. Wrongful death cases have their own procedural rules — they are separate from survival actions, the damages are calculated differently, and the people who can file are defined by statute. An attorney who handles these regularly will move faster and make fewer procedural errors than one who handles them occasionally.

Also check Google reviews, Yelp, and Avvo ratings — but read the actual text of reviews rather than just the star count. Clients who describe specific outcomes and interactions tell you more than someone who simply says “great attorney.”

Our California wrongful death attorneys page has more information on what the process looks like from start to finish.

How to Choose a Wrongful Death Attorney?

The practical factors matter more than marketing materials. Look at:

Trial experience. A wrongful death attorney who has never tried a case to verdict has limited leverage in settlement negotiations. Insurance companies know which attorneys will take a case to trial and which will settle cheap to avoid the courtroom. Ask directly: how many wrongful death cases have you tried before a jury?

Caseload size. Some firms sign as many cases as possible and then assign them to junior associates or paralegals. Ask who will actually handle your case day-to-day, and whether you will have direct access to the lead attorney when you have questions.

Resources. Wrongful death cases often require accident reconstruction experts, medical professionals, economists, and vocational experts — especially when calculating the financial support the family lost. Ask whether the firm advances those costs or expects the family to pay them as they arise.

Communication style. This is subjective, but it matters. You will be working with this person during an incredibly difficult period. If an attorney doesn’t return your initial call promptly, or talks at you rather than with you in the consultation, that pattern tends to continue throughout the case.

I also suggest looking at what other types of cases the firm handles. Wrongful death cases arise from car accidents, motorcycle accidents, bicycle accidents, workplace incidents, and medical negligence, among other causes. A firm with experience across those case types will have the expert network and litigation infrastructure that a wrongful death case may require.

What to Ask a Wrongful Death Attorney in the First Meeting?

The initial consultation is free at most wrongful death firms in California, including ours. Use that time well. Specific questions to ask:

How long have you been handling wrongful death cases specifically, and roughly how many have you resolved? This tells you whether the attorney has genuine depth in this area or is treating your case as general personal injury.

Who will be my point of contact throughout the case, and how quickly does your office respond to client calls and emails? Get a realistic expectation, not a promise that sounds good in the room.

How do you structure your fee agreement — specifically, is the percentage taken before or after case costs are deducted, and what happens to unpaid costs if the case is not successful? This is the question most families forget to ask until they see the final accounting.

What is your honest read of the strengths and weaknesses of our case? A trustworthy attorney will tell you both. One who only describes the upsides is telling you what you want to hear, not what you need to know.

What is a realistic timeline? Cases settle on different timelines depending on liability disputes, the number of defendants, and court scheduling. Understanding the range — not a promise — helps families plan.

How are wrongful death damages calculated in a case like ours? The attorney should be able to describe, in specific terms, what categories of loss apply to your family’s situation. Damages in California wrongful death cases are meant to compensate surviving heirs for their own losses: lost financial support, lost household services, and the loss of love, companionship, comfort, and moral support that the decedent would have provided. These calculations are specific to each family and require detailed evidence.

For broader context on how contingency fees and attorney-client agreements work, the American Bar Association’s consumer resources and FindLaw’s legal guides are useful starting points before your first meeting.

Talk to Our Bakersfield Team

If you lost a family member because of someone else’s negligence, you should not be navigating the legal system alone. Razavi Law Group | Who Hurt You? handles wrongful death cases throughout California, with a Bakersfield office at 2601 Oswell St suite 206, Bakersfield, CA 93306, United States.

Call us at (949)-694-3760 or get in touch online to schedule a free consultation. We work on contingency — you pay nothing unless we recover for you.

We also handle related California personal injury matters, including slip and fall claims and dog bite cases, so if your situation involves any of those circumstances, we can discuss those as well.

Written by Ali Razavi. Read more about the author.