To make sure any family who loses a loved one while in drug rehab can afford legal representation, lawyers usually work on a contingency basis.

It means there are no upfront costs to hire a lawyer, and that the lawyer isn’t paid unless the case is won.

Families are often more successful when lawyers handle these complex cases. They also have a good chance to earn more money for the future if a skilled attorney handles their lawsuit.

How Do Families Pay Lawyers After a Drug Rehab Death?

After checking a loved one into an expensive rehab facility and experiencing a tragic loss, lawyer fees are the last thing families can afford.

It’s why a California Rehab Facility Wrongful Death Lawyer would generally begin work on a family’s wrongful death lawsuit without a single dime in payment.

Families and a lawyer would enter a contingency agreement. It usually means the lawyer covers the costs of an investigation and filing a claim, and isn’t reimbursed or paid for their work unless the case is successful.

There are some differences in agreement terms among different law firms.

You should always be aware of these factors:

• A lawyer must always explain to families very clearly how they are paid. If you don’t understand, it may be a sign you should talk to another lawyer.
• On top of the lawyer’s fees, upon victory, some lawyers are also reimbursed for investigative costs (e.g., expert witness fees, court fees).
• Drug rehab negligence cases can be filed as medical malpractice suits (doctor mistakes) or normal negligence suits (the facility’s mistakes). This can affect the lawyer’s fee and what families earn in a settlement.
• Medical malpractice lawyer’s fees are set, but fees for representation for a standard negligence wrongful death case can be negotiated.

See: The differences between a medical malpractice case and a standard negligence case.

What Do Families Pay for a Drug Rehab Negligence Lawyer?

Standard Negligence Case Fee: For standard negligence cases involving a claim against a facility owner, the standard attorney’s fee is usually around a third of the final settlement or judgment awarded in court. In cases that don’t settle and go to trial, a lawyer could expect a bigger percentage. This might include cases involving a security staff member’s failure to keep fentanyl out of a facility. Or a staff member failing to monitor patients closely and missing the signs of an overdose.

Medical Malpractice Lawyer’s Fee: The attorney’s fees are set by law for cases involving a healthcare professional’s mistake. The final fee is dependent on how long the case takes to wrap up. For settlements that are agreed to too quickly (before a lawsuit is filed), a lawyer may only earn 25% of the award as a fee. For cases that go longer and require judge and jury trials, the fee may increase to 33%.

What Families Can Earn for a Wrongful Death Claim

An experienced attorney is also the key to getting difficult-to-obtain evidence to build a strong case. Lawyers for the doctors or the parent corporation of a rehab facility can also work to block access to important details.

An attorney also negotiates the settlement and checks over each offer to make sure it contains every cent that families will need to rebuild their lives and reach their goals in the years ahead.

A wrongful death claim and a survival action should cover these hardships now and in the future:

• Support to pay for a funeral service and burial.
• Replacement of the weekly paychecks a loved one may have contributed to the family.
• Support for the loss of love, guidance, and protection a victim had always provided.
• Support for the loss of companionship parents must cope with after losing a child to an overdose in an adolescent rehab facility.

• Punitive damages to punish an extremely careless rehab facility for allowing a patient to suffer harm (these are rarely issued, but the fines paid by the facility are kept by the family).

See: Find out who can file a wrongful death claim.

Contact Us If Rehab Center Negligence Hurt Your Loved One.

Attorney Martin Gasparian offers a free, confidential consultation to victims and their families after an overdose at a California drug rehab facility.

Call us today or fill out a free case review form. We can also help families who live out of state hold a California drug rehab facility fully responsible for a wrongful death.

You and your family never have to worry about affording a lawyer. Mr. Gasparian doesn’t get paid unless he wins your case for you. Then our fee comes out of the settlement check a facility must write for you.