Do Wrongful Death Attorneys Work on Contingency?

Posted on Feb 13, 2026 by William Theodoros

Not all wrongful death attorneys work on a contingency fee basis, but the lawyers at Theodoros & Rooth, P.C. do. That means we only charge an attorney fee if we can secure a settlement or win damages in court. At other law firms, their wrongful death lawyers may charge clients by the hour plus expenses.

The team at our law firm knows how painful the loss of a loved one can be, and how any acts of kindness or gestures of support can make a difference during a difficult time. We’d like to discuss how contingency fee representation works and the benefits it can have for families and individuals in mourning.

If you’ve recently lost a loved one, you have our deepest condolences. To schedule a free consultation with our Indiana wrongful death attorneys, contact our Merrillville law firm online. You can also request a free consultation at Theodoros & Rooth, P.C. by phone at (219) 883-2852.

 

What Is a Contingency Fee Basis?

A contingency fee basis is a type of payment arrangement between an attorney and their client.

Under a contingency arrangement, the lawyer only gets paid if they can win the case. If the attorney cannot obtain a settlement or succeed in a trial, the client pays nothing.

How Do Contingency Fees Work?

Here is a breakdown of how contingency fee arrangements typically work between wrongful death lawyers and their clients:

  • No Upfront Legal Fees: The lawyer will charge no retainer fees upfront or any hourly legal fees as the case unfolds.
  • Case Expenses Are Covered: In most contingency fee arrangements, attorneys will cover the upfront cost of any expenses related to the wrongful death case, such as court filing fees or paying expert witnesses.
  • Attorney Gets a Percentage of Compensation: After a wrongful death case is successfully resolved, the lawyer will receive a percentage of the settlement or verdict. Expenses are also deducted from the amount awarded.
  • No Fees If the Attorney Loses: If a wrongful death lawyer is not successful, the client does not pay. Some attorneys may ask for reimbursement for expenses depending on the nature of the agreement.

 

How Much Are the Attorney Fees in a Contingency Arrangement?

This can vary from lawyer to lawyer and from case to case. It’s not uncommon for attorneys to receive 33%, but again, this is not a set number.

Be sure to discuss these matters with your wrongful death attorney during your initial consultation. They can provide more insight into payment arrangements, reimbursements, and other important aspects for your case.

 

Are Wrongful Death Lawyers Who Work on a Contingency Basis Worse Than Attorneys Who Charge Hourly Fees?

No. There is nothing inherently better or worse about contingency fee arrangements where legal representation is concerned. The quality of an attorney’s work is dependent on their skills, compassion, ethical standards, and rapport with clients.

You do not have to worry about sacrificing quality when you look for a lawyer who works on a contingency fee basis. Instead, think of contingency agreements as another option for you to consider when looking for legal help. 

 

The Benefits of Contingency Representation in Wrongful Death Cases

While not all wrongful death attorneys in the Merrillville area offer contingency representation, it’s an important factor for many families after they’ve lost a loved one. Below are some of the benefits of hiring a wrongful death lawyer who works on a contingency fee basis.

 

Levels the Playing Field for People at All Incomes

With contingency arrangements, income is not an issue. This gives low-income and working-class people the same access to high-quality legal representation as middle-class and wealthy families. It’s also a way to level the playing field against major companies and interests.

 

Relieves the Financial Pressure on Grieving Families

Grief weighs on you. There’s so much you’re dealing with emotionally, and the last thing you want to do is worry about how you’ll afford a lawyer. Contingency fee arrangements take the pressure off households so they can mourn and focus on moving forward.

 

Minimizes the Risk of Seeking Justice

Low-income households often avoid speaking to lawyers. Lawsuits are expensive and take a long time. If you have limited means, it can feel like a major risk standing up for yourself and demanding compensation. Contingency fee arrangements allow everyone to seek restitution without feeling like they’re gambling.

 

Attorneys Have a Stake in Maximizing Compensation

Since the wrongful death attorney only gets paid if they succeed, they share your best interests during every stage of the wrongful death case. If the lawyer knows they can get more by seeking a counteroffer or going to trial, they will do what’s best for everyone.

 

How to Find Local Wrongful Death Attorneys Who Work on a Contingency Fee Basis

You may want to start by asking family, friends, and colleagues if they can recommend a wrongful death attorney here in Merrillville or around Lake County who works on a contingency.

If you get no recommendations through your network, search online for wrongful death lawyers who work on a contingency fee basis. Do your research as you find promising leads.

Whether you count on people close to you or do your own research into potential wrongful death lawyers, always meet with the attorneys during a consultation. This will be essential to determine if the lawyer is the best fit for your wrongful death case.

 

What to Expect During a Consultation with a Wrongful Death Lawyer

A consultation with a wrongful death attorney is your opportunity to share your story with a legal professional. The lawyer will offer an assessment of your case and can provide answers to various questions you may have.

Think of this consultation as a way to feel out a lawyer’s values and personality. If you feel like you can trust this lawyer to help you with your wrongful death case, that is a good sign.

 

Questions You May Want to Ask During the Consultation

A few questions you may want to ask during a consultation include:

  • Do you charge legal fees or work on a contingency fee basis?
  • Will I have to reimburse you for expenses if the case is not successful?
  • How much experience do you have with wrongful death cases?
  • How do you work with families that are still grieving or mourning?
  • How often will I get updates about my wrongful death case?
  • Is there a past wrongful death case you’ve worked on that sticks with you?

Remember that there are no dumb questions to ask. You’ve been through a lot, and the litigation process can be time-consuming and stressful.

You should feel comfortable asking your lawyer anything, and they should be understanding of your situation. While meeting with various lawyers, consider if they are compassionate while providing the information you’re looking for and what they make you feel.

 

The Statute of Limitations to File a Wrongful Death Lawsuit

In the state of Indiana, you have two years from the death of a fatal accident to file a wrongful death lawsuit. Once that period has passed, you will no longer be able to take legal action.

There are a few exceptions to this two-year statute of limitations. You may have less time to file a lawsuit if the fatal accident involved a government entity. You may wind up with a different timeline if you discover a loved one’s fatal illness was caused by exposure to toxic substances on the job, or if a doctor’s past misdiagnosis resulted in death.

No matter the case, it’s best to speak with a Merrillville wrongful death lawyer as soon as possible. This can get the legal process underway.

 

Why Hire Theodoros & Rooth, P.C. for Your Wrongful Death Case

If you’ve gotten this far and are someone who has recently suffered a tragic loss, we want to express our deepest condolences again. We understand the hurt you’ve experienced and what you’re going through. There are times when it feels like that pain will never go away.

We know that seeking compensation will never bring back the person you love, but our firm can fight for compensation so your household can have some grace and dignity. If you are looking for a wrongful death attorney in Merrillville, we can help.

  • Representation on a Contingency Fee Basis: You’ve read about why this matters, and we think it’s worth restating. If we don’t win, you don’t have to pay. Theodoros & Rooth, P.C. succeeds only when our clients do.
  • We Have a Long History in Northwest Indiana: Our law firm was founded in 1988 to serve as guardians of justice in Northern Indiana. We’ve had a long history of helping working families throughout the Hoosier State after fatal accidents.
  • Our Attorneys Have Decades of Combined Experience: Our team of lawyers has almost five decades of combined legal experience. We bring that knowledge to every case that comes our way.
  • We Take a Team Approach to Every Case: When you work with our law firm, our team collaborates with you. This team approach to cases helps us identify the best possible approach to your wrongful death claim.
  • Free Legal Consultations: After losing a loved one, you don’t want to see another bill for a while. Your consultation with us is free. We’ll take time to listen to you because your voice deserves to be heard.
  • Availability for Our Clients: Our law office takes calls throughout the business day, and our lawyers always get back to you as soon as possible. If any questions or concerns about your case come up, our attorneys are available to offer answers and reassurance.

 

Contact Our Merrillville Wrongful Death Lawyers Today

After losing a loved one, you need lawyers who will listen to you and make sure you feel supported. For a free consultation with experienced Indiana wrongful death lawyers, contact our Merrillville law firm online. You can also request a free consultation at Theodoros & Rooth, P.C. by phone at (219) 883-2852.

When you’re ready to share your story, our team is ready to listen.