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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Wrongful Death — No Win No Fee

United States (federal and general)Last reviewed 18 September 2026

When a person dies due to another party's negligence or wrongful conduct, surviving family members can pursue a wrongful death claim on a contingency fee basis — paying nothing upfront and owing no attorney fees unless the case succeeds.

What Is a Wrongful Death Claim?

Direct Answer: A wrongful death claim is a civil action brought by survivors when someone dies due to another's negligence, recklessness, or intentional act. Most wrongful death attorneys work on contingency (33⅓%–40%), meaning the family pays nothing unless the case succeeds.

Wrongful death is a civil cause of action that allows the survivors of a deceased person to seek compensation when the death was caused by another's negligence, recklessness, or intentional act. Common scenarios include fatal car accidents, medical malpractice resulting in death, workplace accidents, defective products, and criminal violence.

Who Can File?

Each state's wrongful death statute defines who may bring the claim. In most states, the following parties have standing:

  • Surviving spouse — nearly universally permitted
  • Children — including minor and adult children in most states
  • Parents — particularly in cases involving the death of a minor child
  • Personal representative of the estate — files on behalf of all beneficiaries (required in some states)

Wrongful Death vs Survival Action

A wrongful death claim compensates the survivors for their losses (loss of support, companionship). A survival action, by contrast, compensates the decedent's estate for damages the deceased person suffered before death (pain and suffering, medical expenses). Many cases involve both claims filed simultaneously.

Damages Available

  • Loss of financial support and expected earnings
  • Loss of companionship, consortium, and parental guidance
  • Funeral and burial expenses
  • Medical expenses incurred before death
  • Pain and suffering of the deceased (via survival action)
  • Punitive damages — available in some states for particularly egregious conduct

Guides for Families After a Wrongful Death

Who Can File a Wrongful Death Claim

Every state has a wrongful death statute, but who may sue differs.

Read more

Wrongful Death Damages

Wrongful death damages compensate survivors for what they lost because of the death, typically lost financial support, services, funeral and medica…

Read more

Wrongful Death vs Survival Action

A wrongful death claim compensates the family for their loss, while a survival action preserves the decedent's own claim, for their pain and suffer…

Read more

Wrongful Death Deadlines by State

In the four states this site covers in detail, the wrongful death deadline is generally two years from the date of death: California, Texas, Florid…

Read more

Frequently Asked Questions

What is a wrongful death claim?

A wrongful death claim is a civil lawsuit brought by surviving family members (or an estate representative) when a person dies due to another party's negligence, recklessness, or intentional conduct. It is a statutory cause of action — every state has its own wrongful death statute.

Who can file a wrongful death lawsuit?

This varies by state. In most states, the surviving spouse, children, and parents of the deceased can file. Some states allow the personal representative of the estate to file on behalf of all beneficiaries. A few states permit additional relatives such as siblings or dependents.

Do wrongful death attorneys work on contingency?

Yes. Wrongful death attorneys almost universally work on a contingency fee basis, typically charging 33⅓% to 40% of the recovery. The family pays nothing upfront.

What damages are available in wrongful death cases?

Damages may include loss of financial support, loss of companionship and consortium, funeral and burial expenses, medical expenses incurred before death, and in some states, punitive damages for particularly egregious conduct.

What is the statute of limitations for wrongful death?

The statute of limitations varies by state, typically ranging from 1 to 3 years from the date of death. Some states measure from the date of the act that caused death rather than the date of death itself.

You May Also Be Interested In

Personal Injury

The most common contingency fee case type.

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Medical Malpractice

When medical negligence causes death.

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Car Accident

Fatal motor vehicle accident claims.

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Truck Accident

Fatal commercial vehicle collisions.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Cross & York what happened and get a free, no-obligation review of your situation.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.