Wrongful Death Attorney Fees: Clear 2025 Answers
Understanding Wrongful Death Attorney Fees: What Tennessee Families Need to Know
Losing a loved one is overwhelming—financially and emotionally. Many Nashville, Franklin, and Murfreesboro families worry they can’t afford a lawyer. The good news: most wrongful death cases are handled on contingency, so there are no upfront legal fees. This guide explains wrongful death attorney fees in Tennessee, how case costs work, and what to confirm in your fee agreement so you know exactly how payments are handled if and when your case resolves.
Whether you’re just starting or ready to move forward, our goal is to make the process clear, compassionate, and risk-free.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
A contingency fee means your lawyer is paid a percentage of your recovery—and only if the case succeeds. No retainers. No hourly bills. This aligns your attorney’s interests with yours and opens the courthouse doors to every Tennessee family.
Typical wrongful death attorney fees range from 33.3% (one-third) to 40%, with the exact percentage agreed to at the start and often tied to when the case resolves (pre-suit vs. litigation/trial). If there’s no recovery, you owe no attorney fee. At Bill Easterly & Associates, we typically absorb case costs if your case is unsuccessful.
Learn more about how we guide families through claims: guide to the personal injury claims process. The American Bar Association on contingency fees explains how these arrangements work nationwide.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Attorney fees are the contingency percentage for your lawyer’s work. Case costs (disbursements) are separate out-of-pocket expenses needed to build your case. We advance these costs and reimburse them from a successful recovery—so you pay nothing upfront.
Common case costs include:
- Court filing fees
- Expert witness fees (e.g., medical, reconstruction) — see expert witness costs
- Deposition and transcript costs
- Investigation expenses
- Evidence gathering (medical records, police reports)
- Administrative expenses (copying, postage, travel)
Still wondering if hiring counsel is worth it? See: Do I Really Need a Lawyer?.
Factors That Influence Wrongful Death Attorney Fees and Costs
No two wrongful death cases are alike. Simpler claims may resolve pre-suit at a lower fee (often 33.3%). Cases that require filing, findy, experts, and trial typically justify a higher fee (often up to 40%) because of the added work and risk. While about 95% of personal injury cases settle, preparing as if you’ll try the case gives you leverage.
Case type also affects costs and strategy: medical malpractice often needs multiple medical experts; truck crashes can involve federal rules and reconstruction; defective products may require engineers and testing. The contingency model ensures Tennessee families can pursue justice without paying these expenses upfront.
Understanding Your Payout and Legal Rights in Tennessee
What to clarify in your fee agreement:
- Exact contingency percentage(s) (e.g., ~33.3% pre-suit, up to ~40% if tried)
- Whether fees are on gross recovery or net after costs
- Who pays case costs if there’s no recovery
- Payment timeline after settlement
See our Practice Areas for how we support families statewide.
Who can file and what’s recoverable:
- Filed by the personal representative for beneficiaries (typically spouse, children, or parents)
- Economic damages: lost earnings, funeral, medical bills
- Non‑economic damages: loss of companionship, guidance, consortium, grief
- Punitive damages: to punish egregious conduct
Key Tennessee rules:
- Statute of limitations: generally one year from the date of death
- Modified comparative fault: recovery reduced by fault; barred at 50% or more
Clear terms and timelines help you understand your ultimate payout—and avoid surprises about wrongful death attorney fees and costs.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
Contingency fees make legal help accessible in Nashville, Franklin, and Murfreesboro. You pay no upfront fees, and wrongful death attorney fees are a percentage of the recovery only if your case succeeds. Typical ranges are 33.3% to 40%, depending on complexity and when the case resolves.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Attorney fees are your lawyer’s percentage; case costs are out-of-pocket expenses (experts, filings, transcripts, records). We advance costs and recover them only from a successful settlement or verdict, so your family isn’t footing bills while the case is pending.
Factors That Influence Wrongful Death Attorney Fees and Costs
A sliding scale is common: lower fees for pre-suit settlements and higher for litigation/trial due to added risk and resources. Case type matters too—medical malpractice, truck crashes, and product defects often require costly experts and deeper investigation.
Understanding Your Payout and Legal Rights in Tennessee
Before signing, confirm the percentage, whether fees are on gross or net, who covers costs if you don’t win, and how funds are distributed. In Tennessee, claims are filed by the estate’s personal representative for beneficiaries, and you generally have one year to file.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
No win, no fee: if there’s no recovery, you owe no attorney fees. Typical wrongful death attorney fees are 33.3%–40%, agreed to in writing at the start. This model aligns attorney and client goals—maximizing your result.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Attorney fees compensate your lawyer’s work. Case costs fund the proof: experts, depositions, records, and filings. We advance these costs and reimburse them only from a successful outcome—never from your pocket during the case.
Factors That Influence Wrongful Death Attorney Fees and Costs
If a case settles early, fees are commonly ~33.3%. If litigation and trial are required, fees may be ~40% given the added work and risk. Case complexity (e.g., multiple defendants, disputed liability) can increase necessary case costs.
Understanding Your Payout and Legal Rights in Tennessee
Key to your agreement: fee percentage(s), gross vs. net calculation, cost responsibility if there’s no recovery, and payout timing. Tennessee law limits filing to about one year and reduces recovery if the decedent’s fault is proven (bar at 50% or more).
The Contingency Fee Model: Accessing Justice Without Upfront Costs
Contingency fees remove financial barriers for Middle Tennessee families. Fees are only paid from your recovery and typically fall between one‑third and 40%. If there’s no recovery, you owe no attorney fee.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Wrongful death attorney fees are separate from case costs. Costs can include expert witnesses, depositions, and records. We advance these so you owe nothing upfront.
Factors That Influence Wrongful Death Attorney Fees and Costs
Sliding scale structures reflect when a case resolves and how much work is required. Medical malpractice, trucking, and product cases often demand more experts and findy—affecting both costs and leverage during negotiations.
Understanding Your Payout and Legal Rights in Tennessee
Make sure your fee agreement clarifies percentages, fee calculation method, and cost handling. Beneficiaries usually include a spouse, children, or parents. Damages cover economic (lost income, funeral, medical) and non‑economic (companionship, guidance) losses.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
No hourly billing, no retainer—just a percentage of what we recover together. Typical wrongful death attorney fees are 33.3%–40%, set out in writing from day one so you have complete clarity.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Attorney fees pay for legal work; case costs pay for the evidence and process. We advance costs for experts, filings, and depositions, and recover them only if we win—so you don’t fund the case while grieving.
Factors That Influence Wrongful Death Attorney Fees and Costs
Early settlements typically carry lower percentages than cases requiring litigation and trial. Complex matters—like disputed liability or multiple defendants—often require more resources and expert testimony, influencing both risk and cost.
Understanding Your Payout and Legal Rights in Tennessee
Ask your lawyer: What’s the exact percentage? Is it gross or net after costs? Who pays costs if there’s no recovery? What is the payout timeline? Tennessee generally provides one year to file and uses modified comparative fault rules.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
A contingency fee ties your lawyer’s success to yours. You pay nothing unless we recover compensation. Typical wrongful death attorney fees are one‑third to 40%, depending on when the case resolves and its complexity.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Your final distribution reflects attorney fees plus reimbursed case costs. Costs commonly cover experts, depositions, records, and court filings. We advance them so your family isn’t burdened while the case moves forward.
Factors That Influence Wrongful Death Attorney Fees and Costs
A sliding scale often applies: lower for pre‑suit resolution, higher if the case goes through trial. Medical malpractice, trucking, and product defect cases typically require specialized experts, raising case costs and preparation needs.
Understanding Your Payout and Legal Rights in Tennessee
Confirm fee terms in writing—percentages, gross vs. net, cost responsibility, and how/when funds are disbursed. The estate’s personal representative files the claim for beneficiaries. Damages can include economic, non‑economic, and punitive components.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
Contingency fees let you pursue justice without upfront payments. If there’s no recovery, you owe no attorney fee. Typical wrongful death attorney fees in Tennessee range from 33.3% to 40%.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Fees compensate legal work; costs pay for the proof. We advance expenses for experts, findy, and filings and recover them only from a successful settlement or verdict—never while your case is pending.
Factors That Influence Wrongful Death Attorney Fees and Costs
Pre‑litigation settlements often carry lower percentages; litigation and trial may justify higher fees due to increased work and risk. Complex claims demand more resources, which can increase case costs and timelines.
Understanding Your Payout and Legal Rights in Tennessee
Before signing: confirm the fee percentage(s), fee calculation method, cost handling if there’s no recovery, and payout process. Tennessee’s one‑year statute and comparative fault rules can impact timing and compensation.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
No upfront fees. Payment comes from the recovery if we win. Typical wrongful death attorney fees are 33.3%–40% and are clearly stated in your agreement from the start.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Expect two line items from a successful recovery: attorney fees (the agreed percentage) and reimbursed case costs. We front costs such as experts, depositions, and records.
Factors That Influence Wrongful Death Attorney Fees and Costs
Sliding scales reflect stages of resolution and risk. High‑stakes cases—medical malpractice, trucking, or product defects—often need multiple experts and deep findy, increasing both costs and leverage for settlement.
Understanding Your Payout and Legal Rights in Tennessee
Key terms to confirm: contingency percentage, gross vs. net, who pays costs if you lose, and distribution timing. Claims are brought by the personal representative and typically must be filed within one year.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
You pay nothing unless we recover compensation for your family. Wrongful death attorney fees are typically one‑third to 40% and are aligned with the work and risk required to secure justice.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Attorney fees are distinct from case costs. We advance costs for experts, depositions, filings, and records and recover them from a successful result—so you’re not paying as the case progresses.
Factors That Influence Wrongful Death Attorney Fees and Costs
Lower fees commonly apply to pre‑suit settlements; higher fees reflect the added work and risk of litigation and trial. Complex cases with multiple parties or contested liability require more resources and expert support.
Understanding Your Payout and Legal Rights in Tennessee
Confirm: fee percentage(s), gross vs. net calculation, cost treatment if there’s no recovery, and when you’ll receive funds. Damages can include lost income, medical and funeral expenses, and loss of companionship.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
Contingency means no upfront fees and payment only upon success. Typical wrongful death attorney fees are 33.3%–40%, agreed to in writing so you know what to expect before moving forward.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Your settlement pays attorney fees and reimburses necessary case costs. We carry costs during the case, including experts, transcripts, records, and filing fees, so your family can focus on healing.
Factors That Influence Wrongful Death Attorney Fees and Costs
A sliding scale aligns fees with the work required. Cases that go to trial demand extensive preparation and expert testimony, which increases both risk and cost and can affect the final fee percentage.
Understanding Your Payout and Legal Rights in Tennessee
Your fee agreement should specify percentages, how fees are calculated (gross vs. net), who pays costs if you don’t recover, and payout timing. Tennessee generally allows one year to file and uses modified comparative fault.
The Contingency Fee Model: Accessing Justice Without Upfront Costs
No retainer or hourly billing—just a percentage if we win. Typical wrongful death attorney fees are 33.3%–40%, reflecting case complexity and stage of resolution.
Deconstructing the Bill: Attorney Fees vs. Case Costs
Attorney fees compensate your lawyer’s work; case costs fund the investigation and proof. We advance costs and recover them only from a successful outcome, not from you while the case is pending.
Factors That Influence Wrongful Death Attorney Fees and Costs
Early settlements often carry lower fees; litigation and trial can require higher fees because of increased time, risk, and expense. Complex case types typically require multiple experts and extensive findy.
Understanding Your Payout and Legal Rights in Tennessee
Before hiring, ask: What’s the fee percentage? Is it gross or net after costs? Who pays costs if we don’t recover? When will funds be disbursed? In Tennessee, the estate’s personal representative files for beneficiaries, and claims are generally subject to a one‑year deadline.