Many people are surprised when they go to a wrongful death attorney, and then learn that they don't get paid unless they win the case. Actually, that's not totally true, but it's the basis for how these types of lawsuits get going, and why they've very circumspect as to which cases they'll accept and which ones they'll turn down.
Depending on the type of wrongful death lawsuit the lawyers are fighting, and the amount, wrongful death lawyers will charge anywhere from 30 to 50% of the damages awarded. There isn't any one standard for how much lawyers are allowed to receive, though the norm is usually below 40%. If the case goes into very high millions, often they'll accept a lower percentage of the award. This works especially well in class action wrongful death lawsuits.
One of the determinants in figuring out what percentage a lawyer might charge in some instances is how much in expenses a lawyer figures they might have to pay out of their own pockets. Expenses aren't always fully reimbursed, and because lawyers don't always get money if they happen to lose the case, they'll look to find ways to recoup their losses whenever they can. Something that happens from time to time is the plaintiff will get a little bit of money from an outside source that's related to the case in some fashion. Lawyers will usually write something in the contract that they get a percentage of that money that goes against their expenses, and will have it returned if they win the case. That's a caveat that some plaintiffs forget when lawyers ask for a portion of that money while the case is still being litigated.
The part about lawyers not necessarily being paid if they lose is that, sometimes, the judge will state that the defendants have to pick up all court costs and attorneys fees, even if their clients didn't win. That happens at least half the time, although it rarely happens in the case of a civil suit. It's totally at the discretion of the judge, which means it's something that no one is ever sure will happen at the time.
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