Losing someone because of another person’s negligence is devastating. The last thing a grieving family should have to do is guess how attorneys charge, who qualifies to file, or what the civil process actually looks like. At Razavi Law Group | Who Hurt You?, we work with families in West Hollywood and throughout California, and the questions I hear most often in those early conversations are almost always about money — specifically, what it costs to hire a lawyer and what that lawyer takes from any recovery. This post answers those questions directly, without the runaround.

How Much Do Attorneys Take in a Wrongful Death Suit in West Hollywood?

California wrongful death attorneys handle these cases on a contingency fee basis almost universally. That means the attorney takes a percentage of the recovery at the end of the case — you pay nothing upfront and owe no legal fee if the case does not result in a recovery.

The specific percentage depends on the firm, the complexity of the case, and how far into litigation the matter goes. Contingency rates in California wrongful death cases are not fixed by law for most civil cases, so they vary by agreement. The American Bar Association notes that contingency arrangements are governed by Rule 1.5 of the Model Rules of Professional Conduct, and California’s analog — California Rules of Professional Conduct Rule 1.5 — requires that any contingency fee agreement be in writing and clearly state the percentage and how costs are handled.

One thing families in West Hollywood often miss: the contingency percentage and the reimbursement of case costs are two different things. Costs — filing fees, expert witness fees, deposition costs, medical record retrieval — come out of the recovery separately. Some firms front those costs and deduct them from the final recovery; others bill them win or lose. Ask specifically before you sign anything.

I strongly recommend that every family ask for the fee agreement in writing on day one and read it before signing. That is not distrust — it is exactly what the agreement is designed for.

How Much Do Attorneys Charge for a Wrongful Death Lawsuit?

The contingency model means the direct out-of-pocket charge to the family is zero at the start. You are not writing a check to retain a wrongful death lawyer. The attorney is, in effect, investing in your case and getting paid from the proceeds if you win.

What varies is the structure. Some firms use a flat percentage regardless of when the case resolves. Others use a tiered structure — a lower percentage if the case settles before a lawsuit is filed, a higher percentage if it goes to trial. Per FindLaw, tiered structures are common in personal injury and wrongful death cases precisely because trial-stage work requires substantially more attorney time.

The written fee agreement must also describe how case expenses are handled relative to the contingency fee — specifically, whether costs are deducted before or after the percentage is calculated. That distinction can meaningfully affect the family’s net recovery, so it matters to understand before you agree.

For cases involving government entities — say, a death caused by a city vehicle or a public agency’s negligence — the procedural requirements add complexity. Under California Government Code 911.2, a written claim must be presented to the entity within six months of the accrual of the cause of action. If the entity issues a written rejection, a lawsuit must then be filed within six months of that rejection under Government Code 945.6. Government cases often require more early work from the attorney, which can affect fee structures.

How Much Do Attorneys Make in Wrongful Death Suits?

This question usually comes from families trying to gauge whether an attorney’s financial interest aligns with theirs. On a contingency arrangement, it does — the attorney earns more only if the recovery is larger. That alignment is one of the reasons contingency fee arrangements exist.

What I can tell you from experience is that wrongful death cases are among the most resource-intensive matters a civil litigation firm handles. They typically require retained experts — economists to calculate lost financial support, medical professionals to establish cause of death, accident reconstructionists in crash cases — and those experts cost real money before a single dollar arrives. A firm that takes a wrongful death case on contingency is carrying significant financial risk on behalf of the family.

The American Bar Association and state bar rules require that a contingency fee be reasonable. In practice, that is enforced through the written agreement, the duty of candor, and, when necessary, fee dispute procedures. California also has a fee arbitration program through the State Bar for clients who believe a fee was unreasonable after the fact.

What Attorneys Defend Wrongful Death Suits?

Most families think about their own attorney — the plaintiff side. But wrongful death claims are adversarial proceedings, and understanding who is on the other side helps you understand why having experienced wrongful death lawyers matters.

On the defense side, the party being sued is usually represented by attorneys retained by an insurance company — because in most wrongful death cases, the defendant’s liability insurer has a duty to defend. Those attorneys are experienced in reducing or defeating claims. They handle these cases routinely. The insurer’s interests and the family’s interests are directly opposed.

Defendants in wrongful death cases can include individuals, corporations, employers, healthcare providers, property owners, and manufacturers. Each category tends to involve defense firms that specialize in that area — medical malpractice defense, product liability defense, premises liability defense, and so on. These are not generalists.

That asymmetry — a specialized, well-funded defense versus a grieving family navigating civil litigation for the first time — is exactly why the choice of plaintiff’s attorney matters. A California personal injury attorney with specific wrongful death experience understands the defense tactics used in these cases and can anticipate them.

In cases involving car accidents, truck accidents, or motorcycle accidents, the defense typically involves the at-fault driver’s insurer and, in commercial vehicle cases, the employer’s insurer. Both can be represented simultaneously by different firms with different interests, which adds complexity.

Do District Attorneys Bring Wrongful Death Civil Suits?

This question reflects a common misunderstanding about how the legal system is structured, and it deserves a direct answer.

No. District attorneys are criminal prosecutors. Their role is to bring criminal charges on behalf of the state — charges like vehicular manslaughter, criminal negligence, or homicide — not to file civil wrongful death lawsuits.

A wrongful death civil suit is brought by the surviving heirs of the person who died, through their own privately retained attorney. According to Cornell Law School’s Legal Information Institute, a wrongful death action is a civil claim that allows specified survivors to seek compensation from the party responsible for the death. It is entirely separate from any criminal case.

These two tracks can run at the same time. A driver who causes a fatal crash might face criminal charges from the DA while the family simultaneously pursues a civil wrongful death claim. The criminal case and the civil case have different standards of proof and produce different outcomes — criminal conviction versus civil damages.

A criminal conviction can be useful in a civil case, but it is not required. A defendant can be acquitted criminally and still be found liable in a civil wrongful death action. The O.J. Simpson cases from the 1990s are the most widely known illustration of this distinction, but it plays out in less prominent cases regularly.

The bottom line: if your family member was killed and you are seeking financial recovery, that is a civil matter pursued by private wrongful death attorneys — not by any government prosecutor.

How Much Should an Attorney Get in a Wrongful Death Suit?

This is really a fairness question, and it is worth thinking through carefully.

The right percentage is one that reflects the actual work, risk, and resources the attorney commits to the case. A case that requires extensive expert witnesses, years of litigation, and trial preparation demands more from an attorney than one that resolves quickly. A fee agreement that accounts for that reality — through a tiered structure or otherwise — can be fairer to both sides than a flat percentage that does not.

What families should watch for: any attorney who quotes a fee before understanding the facts of the case, or one who pressures a signature before giving the family time to review the agreement. Per Justia, California’s professional conduct rules require that fee agreements be fair and fully explained. You have the right to ask questions, negotiate terms, and consult a second attorney before signing.

In my practice, I talk through the fee structure at the first meeting. Families deserve to know exactly what they are agreeing to. There should be no ambiguity about how costs are treated, what happens if the case settles versus goes to trial, and what the net recovery looks like at different scenarios.

One practical point: a lower percentage is not automatically better. An attorney who charges a lower fee but lacks experience in wrongful death litigation may produce a smaller recovery than a more experienced attorney with a higher rate. What the family keeps at the end depends on both the percentage and the gross result — and the gross result depends heavily on the quality of representation.

Who Can File a Wrongful Death Claim in California?

Under California Code of Civil Procedure 377.60, the right to file a wrongful death claim is not open to every family member. The statute names the surviving spouse or domestic partner, the decedent’s children, and the issue of deceased children. If none of those exist, the claim passes to persons who would be entitled to the decedent’s property under California’s intestate succession laws. In specified circumstances where dependency can be shown, a putative spouse, stepchildren, parents, or legal guardians may also qualify.

Eligibility depends on family structure and, in some categories, on financial dependency. I have spoken with siblings and grandparents who assumed they could file automatically — and the answer is that it depends on whether any of the primary heirs exist. If your situation is complicated by blended families, estrangement, or multiple potential claimants, an attorney needs to sort through that at the outset.

The deadline runs from the date of death. Under California Code of Civil Procedure 335.1, the general statute of limitations for a wrongful death action is two years from the date of death. That is a hard deadline, and missing it almost always ends the claim permanently.

What Damages Are Available in a California Wrongful Death Case?

California wrongful death damages compensate the surviving heirs for their own losses, not for what the decedent personally suffered. The categories include the financial support the decedent would have provided, the reasonable value of household services, and the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

These are real losses that vary significantly from family to family. A parent killed in a fatal bicycle accident while providing primary financial support to three minor children presents a very different damages picture than an adult child with no dependents. Age, income, the nature of the relationships, and many other factors affect what the evidence shows.

California does not cap wrongful death damages in ordinary civil cases. What the family recovers depends on what the evidence establishes and what can be proven at trial or negotiated in settlement.

The survival action — a separate but related claim that belongs to the decedent’s estate — covers different categories. Under California law as it stands in 2026, the estate cannot recover the decedent’s own pre-death pain and suffering. The temporary expansion under Senate Bill 447 expired on December 31, 2025. What the estate can pursue through a survival action and what the heirs can pursue through a wrongful death claim are distinct, and an attorney should explain both at the initial consultation.

Talk to a West Hollywood Wrongful Death Attorney

If you have lost a family member and are trying to understand your options, the most useful next step is a direct conversation with an attorney who handles these cases specifically.

Razavi Law Group | Who Hurt You? represents families in West Hollywood and throughout California in wrongful death claims. We handle the full range of fatal incident types — traffic fatalities, workplace deaths, premises liability deaths, and more. There is no fee unless we recover for you.

Contact us to schedule a free consultation. You can reach us by phone at (323)-612-8002, or visit our office at 925 N La Brea Ave, West Hollywood, CA 90038, United States.

Written by Ali Razavi. Read more about the author.