When a family member passes away due to the negligent or intentional conduct of a third party, it is one of the most challenging things a family can go through. The emotional cost it can put on a family can be debilitating. Processing such a loss can take years to work through. Moreover, it can put a severe strain on a family. Maybe your family has life insurance to cover the loss of the breadwinner in the family, or maybe not. But nothing will replace the wisdom, love, teaching, and memories from a family member.
A wrongful death claim in DC is designed to compensate family members for the loss of each of these and more. And when we are discussing the life of a family member, the cost of a DC wrongful death lawyer likely is not at the top of our minds. However, it is necessary to understand before pursuing a claim.
You may be eager to pursue a wrongful death claim against the person or organization responsible for your family member’s death. Yet, you may be unfamiliar with the fee structure for personal injury cases and wary of expensive legal fees. A thorough understanding of the fee structure will enable you to realize that justice for you, your family and children, and your lost family member is attainable. Remember, if you call Gelb & Gelb, P.C., there is no fee unless we win. That means we do not charge for a consultation. So, if you have any questions regarding a potential wrongful death claim, contact our office immediately.
The cost of a DC wrongful death lawyer is relatively simple. Our attorneys operate on a contingent fee agreement. Our entire legal fee is contingent on whether we win your case. If we do not win, there is no fee. This structure does make us more selective of the cases we take. We will speak with you about the facts of your case. If we believe in your case and want to seek justice on your behalf, we will accept your case and move into the following stages of the process. While there is no fee if we do not win, our fee structure shifts depending on whether we settle or file suit on your case.
If we settle your case before filing suit, our fee is one-third of the gross recovery. If we file a lawsuit on your behalf, our fee increases to 40%. These are the standard percentages in the personal injury field. Also, because we technically do not know whether we will win your case, we advance all costs on your behalf. For example, obtaining a copy of the police report, medical records, security footage, and expert witnesses are all costs. Ultimately, our firm is reimbursed out of the recovery if there is one. However, you are not responsible for these costs if we do not win.
In most cases, factors influencing the cost of a DC wrongful death lawyer revolve around how proficient you wish your attorney to be. Generally, a client will spend more to get a more experienced attorney. An experienced attorney may charge a $10,000 retainer and $500 an hour; in some instances, that is on the low end. That is not how we do business. Despite having 70 years of experience operating in Washington, D.C., we do not charge a fee with our retainer. The premise behind not charging a fee upfront is that it allows victims and families already going through unbelievably difficult times to afford excellent legal representation without breaking the bank. Some law firms have a reputation for charging large sums. But in a personal injury case, your goal is to obtain compensation.
It would be illogical for you to hire a personal injury attorney and spend more paying an hourly rate for a complex case like a wrongful death case than you would ultimately recover. Moreover, our fee structure allows anyone with a smartphone to get legal representation regardless of financial status. This is one of the things we are most proud of.
The legal fee may not be all you pay as a plaintiff in a wrongful death case. A DC wrongful death lawyer costs one-third of the gross recovery or 40% if our attorney files suit and wins. However, you will be ultimately responsible for additional expenses if you win your case. That is not to say that your attorney will be netting more than one-third or 40%; instead, there are expenses like the ones detailed below that must be considered before pursuing a case.
If we do file suit on your wrongful death case, we will have to pay court fees and filing costs. Certain procedural expenses, such as the serving process against a defendant, may be applicable. Additionally, in Washington, D.C., there are court fees. The most considerable court fee is the cost of filing a civil case. In the District of Columbia Superior Court, the price is $120. If we file in federal court, the price is $405 just to file a complaint.
Expert witnesses can play a tremendous role in a wrongful death trial. Their expert opinions are immensely valuable for a jury to hear. Their credibility as certified experts and favorable testimony make them a true asset. However, experts are expensive. Whether it’s medical experts to testify about the cause of death, accident reconstruction experts to establish fault, or financial analysts to quantify economic losses, their professional fees can add up.
Additionally, a private investigator may be used for several reasons. We may use their services to track down a defendant or witness. Naturally, this also incurs costs.
Note that we do not just hire these witnesses without legitimate cause. However, also realize that the defense is hiring expert witnesses. So, if we don’t, we are at an immediate disadvantage in the trial.
There are several administrative expenses to be aware of when considering the cost of a DC wrongful death lawyer. Document preparation, photocopying, obtaining medical records, the police report, if there is one, postage, and faxes are all administrative expenses. While Gelb & Gelb, P.C. does not seek reimbursement for each of these expenses out of the recovery, many personal injury firms do, which is something to consider. Of course, these are a cost, not a profit-seeking method. So, if you decide to handle your death case pro se, you likely will still have to pay these costs.
The discovery phase of a trial may include depositions. Transcribing depositions, paying court reporters, notary fees, interpreters, and the other costs of depositions add up quickly. Or, we may seek mediation for your wrongful death case. Mediation is a time-efficient and resource-efficient method of reaching an amicable resolution without a trial. Mediation is faster, less expensive, and can net just as good of a result.
Additionally, there is no chance of an appeal once you enter into a settlement agreement via mediation. However, hiring a mediator costs money. Fortunately, this cost is typically split down the middle with defense counsel. Also, you will not have to pay your personal injury lawyer hourly, saving the client thousands of dollars.
If you have further questions about the cost of a DC wrongful death lawyer, contact our office immediately. Call to learn more if you represent the deceased’s estate in a survival action. Our experienced injury attorneys offer free consultations and are available 24/7 at (202) 331-7227.