Losing someone because of another person’s negligence is one of the hardest situations a family can face. Before you’ve had time to grieve, you’re also trying to figure out legal processes, insurance calls, and whether you can afford an attorney at all. I’ve worked with families across Santa Ana and throughout California who come to us with exactly these questions, and this post is meant to give you honest, direct answers.

At Razavi Law Group, we handle wrongful death cases for families in Orange County and across the state. Here’s what you actually need to know about how attorneys get paid, who can file, and what the process looks like.

How Much Do Attorneys Make in Wrongful Death Suits in Santa Ana?

This is the most common financial question we hear, and it deserves a straight answer — though I won’t give you a specific dollar figure, and any attorney who does upfront is either guessing or misleading you.

Wrongful death attorneys in California, including those handling cases in Santa Ana, almost universally work on a contingency fee basis. That means the attorney earns a percentage of the recovery the family receives, and nothing if the case does not result in compensation. The percentage varies depending on the complexity of the case, whether it settles before trial, and other factors specific to the matter. The American Bar Association describes contingency arrangements in detail for consumers who want to understand how they work generally.

What this structure means practically: the attorney’s financial outcome is tied directly to yours. A more experienced attorney with a stronger track record may charge a higher percentage, but they may also secure a substantially larger result. A lower percentage on a smaller outcome is not necessarily a better deal for the family.

I also want to address what “making money” means for the firm. The attorney’s fee comes out of the final settlement or verdict — it is not an additional charge on top. From the gross recovery, the attorney deducts their fee percentage and any case costs (such as expert witness fees, court filing fees, and investigation costs). What remains goes to the family. Some firms front all costs and deduct them at the end; others handle cost arrangements differently. Ask about this at your first consultation.

How Much Do Attorneys Charge for a Wrongful Death Lawsuit?

The charging structure and the earning structure are the same thing in most California wrongful death cases: contingency. You do not pay hourly rates. You do not pay a retainer. You pay nothing unless your case results in a recovery.

This arrangement exists because wrongful death litigation is expensive to pursue. Expert witnesses, accident reconstruction specialists, medical professionals, and deposition costs can run into tens of thousands of dollars on a serious case. Few families grieving a sudden loss have that kind of cash available, and the contingency model removes that barrier.

Some attorneys do charge for certain administrative costs upfront, or they structure cost reimbursement differently. According to FindLaw, families should ask the following before signing a retainer agreement: whether costs are deducted before or after the fee is calculated, what happens to case costs if the case does not settle, and what expenses the attorney considers reimbursable. These are fair questions. Any reputable wrongful death attorney will answer them plainly.

In my experience, the families who feel blindsided by fee arrangements are usually the ones who didn’t ask these questions at the start. We walk every client through our fee structure in plain language before anything is signed.

How Much Do Attorneys Take in a Wrongful Death Suit?

The distinction between “how much attorneys charge” and “how much they take” matters. The charge is the agreed percentage. What they actually take depends on whether the case settles, goes to trial, or is resolved through appeal.

Cases that resolve through pre-litigation negotiation tend to have a different fee arrangement than cases that go to a jury trial. Trial cases require significantly more attorney time and resources, and the agreements often reflect that. Justia provides a useful general overview of how contingency fees work across different types of personal injury and wrongful death matters.

One point I want to be direct about: the family sees the net amount after fees and costs. That number is what matters for their financial recovery. When comparing attorneys, don’t look only at the percentage — look at their history with this type of case, their resources to take it to trial if necessary, and whether they communicate clearly. An attorney who takes a lower cut but settles for far less than the case is worth has cost the family more than a higher-percentage attorney who fights for the full value.

What Attorneys Defend Wrongful Death Suits?

Wrongful death cases have two sides. When families hear “wrongful death attorney,” they’re usually thinking of the plaintiff’s side — the attorney representing the family. But defendants in these cases (individuals, corporations, insurers, government entities) also have legal representation.

Defendants in wrongful death suits are typically represented by:

Insurance defense attorneys — These lawyers work for or are retained by the defendant’s insurance carrier. Their job is to minimize the payout. They are often highly experienced and well-resourced.

Corporate defense attorneys — In cases involving product defects, trucking companies, aviation incidents, or institutional negligence, corporations retain specialized defense firms. If your loved one died in a truck accident, for example, the trucking company’s insurer will have attorneys on staff whose sole focus is limiting the company’s liability.

Government entity counsel — If the at-fault party is a California public entity, that entity has its own legal department or outside counsel. These cases also involve specific procedural rules under California’s Government Claims Act, which sets a six-month window to file a written claim with the public entity before you can sue — a requirement completely separate from the two-year deadline that applies to the underlying lawsuit.

Understanding who is on the other side matters because it tells you what kind of representation you need. Going up against an insurance defense team or a corporate law department without experienced counsel is a serious disadvantage. This is not a process designed to be navigated alone.

Do District Attorneys Bring Wrongful Death Civil Suits?

No. District attorneys do not file civil wrongful death lawsuits. This is one of the most common misconceptions I hear from families, particularly when a death involved criminal conduct.

The district attorney prosecutes criminal charges on behalf of the state. If someone was killed by a drunk driver, a violent act, or gross criminal negligence, the DA may bring criminal charges — but that is a separate proceeding from the civil wrongful death action. Cornell Law School’s Legal Information Institute explains the difference between civil and criminal liability clearly: criminal cases punish the defendant, while civil cases compensate the victim’s survivors.

The criminal case and the civil case can run simultaneously. An acquittal in a criminal case does not bar a civil wrongful death action. The standards of proof are different — criminal conviction requires proof beyond a reasonable doubt, while civil liability requires proof by a preponderance of the evidence (more likely than not). The O.J. Simpson cases from the 1990s are the most widely cited example of this dynamic, where he was acquitted criminally but found liable in the civil wrongful death suit.

The family files the civil wrongful death lawsuit through a private attorney — not through the DA’s office. The district attorney has no role in that process.

What Wrongful Death Attorneys Do in a California Case?

A wrongful death attorney handles the legal process while the family focuses on what matters most. But beyond the broad description, here’s what the work actually involves in a California case.

Determining who can file. Under California Code of Civil Procedure 377.60, the right to bring a wrongful death action belongs to specific people: the surviving spouse or domestic partner, the decedent’s children, and the issue of deceased children. If none of those exist, it extends to those who would inherit through intestate succession. In some circumstances — and this is where it gets specific — stepchildren, parents, and a putative spouse may also have standing if they were financially dependent on the decedent. Siblings and grandparents do not automatically qualify. Eligibility is defined by statute and depends on the family’s structure. We spend time on this question at the start of every case because getting it wrong affects whether the claim can be filed at all.

Investigating the death. This means preserving evidence early — accident scene data, surveillance footage, electronic records, medical records, employment records. In cases involving car accidents, the vehicle’s electronic data recorder (the “black box”) has a limited preservation window. In aviation accidents, federal agencies may control access to evidence. Time matters in every case.

Identifying all responsible parties. A death rarely has only one responsible party. A workplace accident may involve the employer, a subcontractor, and an equipment manufacturer. A motorcycle accident may involve a negligent driver, a city government responsible for a defective road, and a vehicle manufacturer. Missing a responsible party means the family may recover less than they’re entitled to.

Handling the claim against a public entity. If a government entity bears any responsibility, the family must file a written government claim within six months of the date of death. This is a strict procedural requirement under California Government Code 911.2, and missing it can bar the claim against that entity entirely. It is separate from the general two-year deadline to file the civil lawsuit.

Calculating damages. California wrongful death damages compensate the heirs for their own losses — the financial support the decedent would have provided, the value of household services, and the loss of love, companionship, comfort, and moral support. These are the surviving family’s losses, not the decedent’s. The decedent’s own pre-death suffering is not part of a wrongful death claim in California.

Negotiating and litigating. Most cases resolve through settlement. Some go to trial. A wrongful death attorney needs to be prepared to do both — and the defendant’s counsel knows whether your attorney will actually take the case to court. Preparation matters.

Who Files a Wrongful Death Claim in California?

The claim is filed by the eligible surviving heirs, represented by a private California wrongful death attorney. Under California law, all eligible heirs must join in a single action — they cannot file separate lawsuits for the same death. If heirs disagree about how to proceed or how to divide any recovery, that needs to be worked out, ideally before filing.

The lawsuit is filed in civil court. In Orange County, that typically means Superior Court. The deadline runs from the date of death — two years under Code of Civil Procedure 335.1 for most California wrongful death cases. If a public entity is involved, the six-month government claim deadline applies first and does not extend the two-year limit.

I’ll say what I tell every family we meet with: the deadline feels far away in the first weeks after a death, but the investigation work that builds a strong case starts immediately. Evidence disappears. Witnesses’ memories fade. Don’t wait until the deadline is close to look for counsel.

Working with a Wrongful Death Attorney in Santa Ana

For families in Santa Ana and throughout Orange County, Razavi Law Group handles wrongful death cases on a contingency basis. We also handle related California personal injury matters, including cases involving bicycle accidents and slip and fall injuries.

Our office is located at 2090 N Tustin Ave #250, Santa Ana, CA 92705, United States. We serve clients throughout California.

If you’ve lost a family member and have questions about whether you have a claim, who can file, or how the fee structure works, schedule a consultation with our team. There’s no charge for the initial conversation, and you won’t owe us anything unless we recover for your family.

Call us at (949)-694-3760 or contact us online to get started.

Written by Ali Razavi. Read more about the author.