When a family loses someone they love because of another person’s negligence, the last thing they should have to worry about is whether they can afford a lawyer. Yet that worry is real for many people. Medical bills may already be stacking up. A household income may have been suddenly cut in half. The idea of adding attorney’s fees on top of everything else feels impossible.
Here is what we tell every family that calls Simon Bridgers Spires: you do not pay us anything unless we win your case.
That is not a marketing line. It is the foundation of how wrongful death attorneys in Georgia and across the country typically handle these cases. Understanding exactly how this works can help you make a confident decision about moving forward.
What a Contingency Fee Actually Means
A contingency fee arrangement means that your attorney’s fee is contingent on the outcome of your case. If we do not recover money for your family, you do not owe us a legal fee. Period.
If we do recover, whether through a settlement or a trial verdict, the attorney’s fee is calculated as a percentage of that recovery. In Georgia, wrongful death contingency fees typically range from 33% to 40% of the total recovery, depending on the complexity of the case and whether it goes to trial. Your attorney should explain the specific percentage clearly before you sign a representation agreement.
So, for example, if a wrongful death case settles for $500,000 and the contingency fee is 33%, the attorney would receive approximately $166,500 and the family would receive the remainder after any case expenses are deducted. More on those below.
This arrangement exists for a very specific reason: it aligns your attorney’s interests with yours. We only get paid when you get paid. The higher the recovery, the more we earn, which means we are motivated to fight for every dollar.
What About Case Expenses?
Attorney’s fees and case expenses are two different things, and it is important to understand the distinction.
Case expenses, also called litigation costs, are the out-of-pocket costs required to build and pursue your claim. These can include:
- Court filing fees
- Expert witness fees, including medical experts, economists, accident reconstructionists, and life care planners
- Deposition costs such as court reporter fees and transcript fees
- Investigation costs for obtaining records and hiring investigators
- Mediation fees
- Postage, copying, and administrative costs
In most wrongful death cases, the law firm advances these costs on your behalf. You do not pay them upfront. At the conclusion of the case, these expenses are typically reimbursed from the settlement or verdict before the final distribution is calculated. Your attorney should walk you through exactly how this works in your representation agreement.
In a serious wrongful death case, litigation costs can easily reach $20,000 to $50,000 or more, especially when expert witnesses are needed. The fact that your attorney is willing to front those costs on your behalf is a meaningful commitment to your case.
Why This System Benefits Families
Before contingency fee arrangements became standard in personal injury and wrongful death law, access to justice was largely limited to people who could afford to pay lawyers by the hour. Hourly rates for experienced trial attorneys can range from $300 to $600 or more per hour. A wrongful death case that takes two years to resolve could easily accumulate hundreds of thousands of dollars in legal fees on an hourly billing model, which is completely out of reach for most families.
The contingency fee system levels that playing field. It means that a working-class family in Athens, Georgia has access to the same quality of legal representation as a wealthy corporation, because both attorneys are compensated the same way: from results.
It also means your attorney has every incentive to take only cases they genuinely believe in. An attorney working on contingency is not going to invest years of effort and tens of thousands of dollars in case expenses into a claim they do not think they can win. When a law firm accepts your wrongful death case on contingency, it is a vote of confidence in your case.
What to Watch Out for When Hiring a Wrongful Death Attorney
Not all contingency fee arrangements are created equal, and it is worth asking the right questions before signing anything.
Ask about the fee percentage at different stages. Some firms charge a higher percentage if the case goes to trial versus settling before trial. This is common and reasonable, but you should understand the structure upfront.
Ask how expenses are handled. Are they deducted before or after the attorney’s percentage is calculated? The difference can be significant. Make sure your agreement spells this out clearly.
Ask if there are any fees if the case is lost. In a true contingency arrangement, the answer should be no. You owe no attorney’s fee if there is no recovery. Some agreements, however, require the client to reimburse expenses even in a loss. Read carefully and ask directly.
Ask about communication. You should not have to pay for a phone call with your attorney. Clarify what ongoing communication looks like and whether you will be dealing primarily with your attorney or with a paralegal or case manager.
At Simon Bridgers Spires, we believe families should feel informed and comfortable before they ever sign a representation agreement. Our team takes the time to walk through every aspect of the fee structure so there are no surprises.
The Real Cost of Not Hiring an Attorney
Some families hesitate to hire a lawyer because they are worried about the percentage coming out of the recovery. But the research consistently shows that represented plaintiffs recover significantly more than unrepresented claimants, even after attorney’s fees are deducted.
Insurance companies know when a family does not have legal representation. They know that grieving, overwhelmed people are more likely to accept a low settlement offer just to make the process stop. They have entire departments staffed by trained adjusters and defense attorneys whose job is to minimize payouts.
When you have an experienced Athens wrongful death attorney in your corner, someone who knows the law, understands the value of your case, and is not afraid to go to trial, the dynamics shift entirely.
Christopher Simon spent nearly a decade defending insurance companies before switching sides. He knows precisely what tactics they use to undervalue claims, and he knows how to counter them. That insider knowledge is worth far more than the percentage he earns.
A Note on Georgia’s Wrongful Death Laws
Georgia law has specific rules about who can file a wrongful death claim and what damages are recoverable. The full value of the life standard under O.C.G.A. § 51-4-2 allows families to recover both economic and non-economic losses, including the intangible value of a person’s relationships, companionship, and presence in the family. These damages can be substantial, and accurately calculating them requires legal experience and the right experts.
Our team handles these cases throughout Athens and across Georgia. If you have lost a family member due to negligence and want to understand your options without any upfront commitment, reach out to our Athens wrongful death attorney team today. The consultation is free, confidential, and comes with no obligation.
You do not have to face this alone, and you do not have to pay a cent to find out where you stand.