How Are Wrongful Death Lawyers Paid in Arizona?

TL;DR

Wrongful death lawyers in Arizona are paid through a contingency fee agreement. This means the lawyer’s fee is a percentage of the total money they recover for you, whether through a settlement or a court verdict. You do not pay any upfront fees or hourly rates for their legal work. If the lawyer does not win your case, you owe them no attorney fees.

Key Highlights

Payment Model: Lawyers work on a “contingency fee” basis.
No Upfront Cost: Families do not pay retainers or hourly bills for the lawyer’s time.
Fee Is Conditional: The lawyer only gets paid if they successfully secure financial compensation for you.
Standard Percentage: The fee is typically between 33.3% and 40% of the gross recovery amount.
Case Expenses: Costs like expert witness fees and court filings are separate from the attorney’s fee and are usually deducted from the final settlement.

Losing a family member is a deeply painful experience, and the situation becomes even more difficult when the death was caused by someone else’s negligence or wrongful act. In Arizona, families face not only emotional distress but also significant financial burdens, including funeral costs, medical bills, and the loss of the deceased’s income. According to the Arizona Department of Health Services, thousands of residents die each year from preventable injuries, leaving countless families to cope with the consequences. The legal system provides a path for these families to seek accountability and financial stability.

The primary legal foundation for these claims is Arizona Revised Statutes (A.R.S.) § 12-611, which permits a wrongful death lawsuit to be filed by or on behalf of a surviving spouse, child, parent, or the personal representative of the deceased’s estate. This statute allows these parties, known as statutory beneficiaries, to pursue compensation for the damages they have suffered due to their loved one’s death. Understanding this legal framework is the first step, but for most families, a more immediate and practical question arises: How can we afford a skilled lawyer to represent us during such a challenging time?

The financial structure for hiring a wrongful death attorney is specifically designed to remove the burden of legal fees from grieving families. Instead of requiring upfront payments or charging by the hour, these legal professionals use a payment system that aligns their goals directly with yours. This approach ensures that every family, regardless of their financial situation, can access high-quality legal representation to pursue justice. The following sections explain this payment model in detail, clarifying how fees are calculated, what costs are involved, and how a final settlement is distributed.

The Contingency Fee Agreement: A Detailed Breakdown

The most common question families have is about the cost of hiring a lawyer. The answer lies in the contingency fee agreement, a payment structure that is standard for wrongful death and personal injury cases throughout Arizona. This arrangement makes it possible for families to secure expert legal help without any initial financial outlay.

What Is a Contingency Fee?

A contingency fee is a form of payment to an attorney that is dependent, or contingent, on the outcome of the case. In simple terms, the lawyer agrees to take on your case without charging you any fees for their time unless they win. If they successfully obtain a financial settlement or a jury award for you, their fee is a pre-determined percentage of that total amount. If they are unsuccessful and you receive no compensation, you owe them nothing in attorney fees.

This model stands in stark contrast to other legal fee structures:

Hourly Rate: Used by corporate or family law attorneys, where you are billed for every hour the lawyer works on your case, regardless of the result.
Flat Fee: A single, upfront fee for a specific legal service, common in criminal defense or estate planning.
Retainer: An advance payment made to a lawyer to secure their services, from which hourly fees are then deducted.

For wrongful death claims, which can be complex and lengthy, an hourly rate would be financially impossible for most families. The contingency fee model shifts the financial risk from the client to the law firm, creating a partnership where both parties are invested in achieving the best possible outcome.

Standard Percentage Rates in Arizona

In Arizona, the contingency fee percentage for a wrongful death case typically ranges from 33.3% to 40%. The exact percentage often depends on the complexity of the case and the stage at which it is resolved.

33.3% (or One-Third): This is a common rate for cases that are settled before a lawsuit needs to be filed. When a lawyer can negotiate a fair settlement with the at-fault party’s insurance company without entering formal litigation, the workload is less intensive, and the fee reflects that.
40%: If the insurance company refuses to offer a fair settlement and the lawyer must file a claim, the fee percentage often increases. This higher rate accounts for the significant increase in work, time, and resources required for litigation. This includes drafting legal pleadings, engaging in the discovery process (depositions, interrogatories), hiring expert witnesses, and preparing for a potential trial.

Some firms may use a “sliding scale” where the percentage changes based on specific milestones. For example, the fee might be 33.3% pre-lawsuit, 35% after a lawsuit is filed, and 40% if the case proceeds to trial. This should all be clearly spelled out in the fee agreement you sign.

Reading the Fine Print: The Fee Agreement Document

The contingency fee agreement is a legally binding contract between you and the law firm. Under the Arizona Rules of Professional Conduct, specifically Rule 1.5(c), all contingency fee agreements must be in writing. This document protects both you and your attorney by clearly outlining the terms of your professional relationship.

Before signing, you should carefully review the agreement and make sure you understand every detail. Key elements to look for include:

The Exact Percentage: The document must state the precise percentage the attorney will receive.
How Costs Are Handled: It should explain who is responsible for case costs and when they are paid.
Calculation Method: It should specify whether the attorney’s percentage is calculated before or after case costs are deducted from the settlement.
Conditions for Fee Changes: If the percentage can increase, the agreement must state exactly when and why (e.g., upon filing a lawsuit).
Client’s Responsibilities: It will outline your role in the case, such as cooperating with your attorney and appearing for depositions if necessary.

Never hesitate to ask questions about the agreement. A reputable attorney will take the time to walk you through the document and ensure you are comfortable with all its terms before you commit.

Attorney Fees vs. Case Costs: Understanding the Difference

One of the most important distinctions to understand in a contingency fee arrangement is the difference between attorney fees and case costs. While you don’t pay upfront attorney fees, there are other expenses associated with building and pursuing a strong wrongful death claim. These are known as case costs or litigation expenses.

Defining Attorney Fees

Attorney fees are what you pay the lawyer for their work, knowledge, and experience. This is the percentage (e.g., 33.3%) taken from the settlement as payment for the thousands of hours of legal work performed. This fee covers:

The lawyer’s time and labor.
The expertise of the legal team, including paralegals and support staff.
The general operational costs of the law firm.

Again, this fee is only paid if the case is won.

What Are Case Costs and Expenses?

Case costs are the out-of-pocket expenses that a law firm pays to third parties to investigate, prepare, and litigate your case. A successful wrongful death claim requires more than just legal arguments; it requires compelling evidence, expert testimony, and adherence to formal legal procedures. These necessary components come with associated costs.

Common case costs include:

Expert Witness Fees: This is often the largest expense. Experts are needed to prove liability and damages. Examples include accident reconstructionists, medical examiners, economists (to calculate lost future income), and grief counselors.
Court Filing Fees: Every lawsuit requires a fee to be filed with the court.
Deposition Costs: This includes fees for court reporters to transcribe sworn testimony and videographers to record the depositions.
Investigation Expenses: Costs for hiring private investigators, obtaining police reports, getting medical records, and gathering other critical evidence.
Service of Process Fees: Fees paid to formally serve the lawsuit documents to the defendants.
Administrative Costs: Expenses for things like photocopying, mailing, and legal research databases.
Trial Exhibits: Costs to create visual aids, charts, and presentations for use in a courtroom.

These costs can easily add up to tens of thousands of dollars, and in highly complex cases, they can exceed $100,000.

Who Pays for These Costs?

Most established wrongful death law firms in Arizona operate on a model where they “advance” all case costs. This means the firm pays for all these expenses on your behalf as the case progresses. You are not asked to pay for them out of your own pocket.

How these advanced costs are repaid depends on the terms in your fee agreement:

Costs Deducted from the Settlement: The most common practice is for the advanced costs to be reimbursed to the law firm from the gross settlement amount before the attorney’s fee is calculated.
Responsibility if the Case is Lost: This is a critical point to clarify. Most reputable firms will state in their agreement that if the case is lost, you do not owe them reimbursement for the advanced costs. The firm absorbs these expenses as a loss. However, some agreements may require the client to repay costs even if the case is unsuccessful. Be sure to confirm this policy before signing.

A transparent fee agreement will leave no doubt about how costs are managed, ensuring there are no financial surprises at the end of your case.

How a Wrongful Death Settlement Is Calculated and Distributed

After a successful negotiation or trial, the final step is the distribution of the settlement funds. This process is methodical and transparent, and your attorney should provide you with a detailed settlement statement (also called a disbursement sheet) that breaks down every single deduction.

The Gross Settlement or Award

The process begins with the gross settlement or award. This is the total dollar amount that the at-fault party’s insurance company has agreed to pay or that a jury has awarded after a trial. For example, let’s say the gross settlement in a wrongful death case is $1,500,000. This is the starting point from which all fees, costs, and liens are deducted.

The Disbursement Process: A Step-by-Step Example

Using our hypothetical $1,500,000 settlement, here is a clear, step-by-step example of how the funds are typically distributed.

Gross Settlement Amount: $1,500,000 This is the total recovery.
Deduct Attorney’s Fees: The attorney’s fee is usually calculated from the gross amount. Assuming a 33.3% (one-third) contingency fee:
- $1,500,000 x 0.333 = $499,500 (Attorney’s Fee)
Deduct Case Costs: Next, the law firm is reimbursed for all the costs it advanced. Let’s assume the costs for expert witnesses, depositions, and court filings totaled $75,000.
- $1,500,000 – $499,500 (Fees) – $75,000 (Costs) = $925,500
Settle Liens and Medical Bills: Before the final amount is given to the family, any outstanding liens must be paid. This could include final medical bills for the deceased’s treatment before their death or health insurance subrogation claims (where a health insurer seeks repayment for medical costs it covered). Your attorney will often negotiate to reduce these liens to maximize your net recovery. Let’s say negotiated liens total $25,000.
- $925,500 – $25,000 (Liens) = $900,500
Net Distribution to the Beneficiaries: $900,500 This is the final amount that will be distributed to the statutory beneficiaries (the family).

Your attorney is ethically obligated to provide you with a written statement that clearly lists all of these figures.

Apportionment Among Beneficiaries in Arizona

Once the net settlement amount is determined, the final step is to divide it among the eligible family members. Under A.R.S. § 12-612, the beneficiaries in a wrongful death claim are typically the surviving spouse, children, and parents of the deceased.

The law states that the recovered amount is “not subject to debts or liabilities of the deceased” and should be distributed to the beneficiaries “in proportion to their damages.” This means the money isn’t divided equally by default. Instead, it’s apportioned based on the individual loss each person suffered. For example, a young child who lost a parent may be deemed to have suffered a greater loss of future guidance and support than an adult parent who lost an adult child.

In many cases, the family members agree on a fair division amongst themselves. If they cannot agree, the court can hold a hearing to determine the proper apportionment for each person.

The Benefits of a Contingency Fee Structure for Families

The contingency fee system is more than just a payment method; it is a fundamental tool that provides access to the civil justice system for everyone, not just the wealthy. It offers several key advantages for families pursuing a wrongful death claim.

Access to Justice for Everyone

The most significant benefit is that it levels the playing field. Large insurance companies and corporations have vast legal resources. A grieving family, often facing sudden financial hardship, cannot afford to pay a top-tier lawyer by the hour to fight these powerful entities. The contingency fee model removes this barrier, allowing any family with a valid claim to secure high-quality legal representation.

Motivation and Aligned Interests

Because the lawyer’s payment is directly tied to the success of the case, their interests are perfectly aligned with yours. The lawyer is financially motivated to secure the maximum possible compensation for you. A higher settlement or verdict results in a higher fee for the attorney. This built-in incentive ensures that your legal team is dedicated to fighting for the best possible outcome rather than simply billing hours.

Risk Mitigation for the Client

Pursuing a wrongful death lawsuit is expensive and carries no guarantee of success. With a contingency fee agreement, the law firm assumes the vast majority of the financial risk. The firm invests its own time, money, and resources into your case. If the case is ultimately unsuccessful, the family is not burdened with a crippling bill for legal fees and, in most cases, is not required to repay the advanced case costs.

Lawyer Vetting and Case Strength

The contingency fee structure also serves as an effective vetting process. Because law firms are investing their own money, they are careful to only take on cases they believe have a strong legal merit and a reasonable chance of success. If a reputable wrongful death lawyer agrees to take your case on a contingency basis, it is a strong indicator that they believe in the strength of your claim.

Key Questions to Ask a Lawyer About Their Fees

During your initial consultation with a wrongful death attorney, which should always be free, you have the opportunity to ask specific questions about their fee structure. A trustworthy lawyer will be transparent and direct with their answers. Here is a checklist of important questions to ask:

What is your exact contingency fee percentage?
Does that percentage change if the case has to go to trial? If so, at what point does it change?
Do you advance all case costs?
Could you provide an estimate of the typical costs for a case similar to mine?
Am I responsible for repaying any of the case costs if we do not win the case?
Is your fee calculated from the gross settlement amount (before costs are deducted) or the net amount (after costs are deducted)?
Will I receive a written, itemized settlement statement at the conclusion of the case?
Are there any other fees or charges I should be aware of?
Who will be my main point of contact at the firm, and how often can I expect to receive updates on my case?

Getting clear answers to these questions will help you make an informed decision and ensure there are no misunderstandings down the road.

The Role of the Lawyer Beyond Just Getting Paid

While understanding the payment structure is crucial, it’s also important to recognize the immense value a wrongful death lawyer provides. Their work goes far beyond just filing paperwork; they serve as your investigator, advocate, negotiator, and guide through a complex legal process.

Investigating the Incident and Establishing Liability

The first and most critical task is to conduct a thorough investigation to prove that another party’s negligence or wrongful act caused your loved one’s death. This involves:

Gathering all official reports (police reports, medical examiner reports).
Interviewing eyewitnesses.
Preserving critical evidence.
Hiring experts like accident reconstructionists to determine exactly how an incident occurred.

Calculating the Full Scope of Damages

A key role of your attorney is to identify and calculate the full value of your claim. Under A.R.S. § 12-613, damages in a wrongful death case can include compensation for:

Financial Losses: Lost wages, benefits, and future earning capacity of the deceased.
Emotional Losses: The loss of love, companionship, comfort, and guidance.
Household Services: The value of the services the deceased provided, such as childcare or home maintenance.
Medical and Funeral Expenses: The costs associated with the deceased’s final medical care and burial.
Pain and Suffering of the Deceased: If a survival action is filed alongside the wrongful death claim, the estate can recover damages for the conscious pain and suffering the deceased experienced before their death.

An experienced lawyer works with economists and other experts to put a proper monetary value on these losses.

Dealing with Insurance Companies and Opposing Counsel

Insurance adjusters and defense attorneys are trained to minimize the amount they have to pay. Your lawyer acts as a buffer, handling all communications, negotiations, and legal battles on your behalf. This allows you to focus on your family and the grieving process without the added stress of dealing with adversarial parties.

Guiding the Family Through the Legal Process

Finally, your attorney is your guide. They will ensure all legal deadlines, like Arizona’s two-year statute of limitations for wrongful death claims, are met. They will explain each step of the process, manage your expectations, and provide the legal and emotional support needed to see the case through to its conclusion.

Contact an experienced wrongful death lawyer today.

Conclusion

The payment structure for wrongful death lawyers in Arizona is designed to provide families with access to justice without adding to their financial burdens. By working on a contingency fee basis, attorneys take on the financial risk of a case, investing their own time and resources with the understanding that they will only be paid if they successfully recover compensation for the client. This model ensures that a lawyer’s interests are directly aligned with the family they represent, motivating them to achieve the highest possible settlement or verdict.

Understanding the distinction between attorney fees and case costs is essential. A transparent fee agreement should clearly outline the lawyer’s percentage, how advanced costs are handled, and what happens if the case is lost. By asking the right questions during an initial consultation, you can enter into a professional relationship with confidence, knowing there will be no hidden fees or financial surprises. This system empowers families to hold negligent parties accountable and secure the financial resources needed to rebuild their lives.

If you have lost a loved one due to someone else’s actions, you do not have to face the legal system alone. The statute of limitations in Arizona provides a limited window to act. We encourage you to schedule a free, no-obligation consultation with an experienced wrongful death attorney. They can review the details of your situation, explain your legal rights, and provide a clear and honest breakdown of their contingency fee structure, allowing you to make the best decision for your family’s future. Contact us today for a free evaluation. Whether you’re dealing with a personal injury, criminal charge, or family matter, we’ll provide the guidance you need to make informed decisions. Reach out now, and let’s work together to build a strong case on your behalf.