How Much Does It Cost To Get a Nursing Home Abuse Attorney?

The cost of a nursing home abuse attorney depends on the fee arrangement and the case’s complexity. Many attorneys handle these claims on a contingency basis, meaning you generally don’t pay attorney fees unless the case results in compensation, though you may still pay case expenses. Other lawyers charge hourly rates or require a retainer. Before hiring counsel, confirm the percentage, expenses, and payment obligations in writing.

What Is a Nursing Home Lawyer and What Do They Do?

Elder law is a broad field that covers issues from obtaining disability benefits to long-term care and residence. “Some elder law attorneys practice litigation against nursing homes or on behalf of individuals who have been hurt in regard to care issues,” says Ann McGee Green, an elder law attorney at Anderson, Desimone, Green & Owens in Roanoke, Virginia.

A nursing home lawyer generally helps people who have experienced nursing home negligence or abuse get compensation for their injuries or other losses. Nursing home attorneys deal with all aspects of a case, including:

• Filing legal documents with the court
• Dealing with insurance companies
• Obtaining medical records
• Interviewing witnesses
• Getting expert testimony from doctors and other professionals
• Representing the client in negotiations or court

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When To Seek Legal Advice from a Nursing Home Lawyer

If you suspect you have a case, seek a lawyer as soon as possible to avoid missing your state’s statute of limitations. If you miss this deadline, you cannot bring legal action.

One piece of advice that Green gives is to look for lawyers who are Certified Elder Law Attorneys (CELA). “If you’re trying to decide whether to go to this attorney or that attorney, a CELA designation is something to look for. It means the attorney has a certain amount of experience and that they have gone through testing and are familiar with all the areas of elder law.”

Factors That Go Into Nursing Home Lawyer Fees

“It’s hard to say anything general about how lawyers charge fees since every lawyer will approach fees differently,” says Green. Some attorneys almost always charge flat fees and rarely bill hourly. “But sometimes lawyers have to charge hourly,” says Green.

“For example, if I’m appointed as guardian ad litem and have to be in court, I’ll charge hourly. But typically, I work on a flat-fee basis. It ultimately depends on how much time I think it will take me to perform the legal service. In general, experienced attorneys have practiced long enough to know what makes sense as a fee.”

Most Nursing Home Lawyers Work on Contingency

Most lawyers work on a contingency fee basis when it comes to nursing home abuse cases and other types of personal injury cases. A contingency fee means no upfront legal fees. Instead, the lawyer is only paid if they win your case. The lawyer’s fee is a percentage of what you win.

The benefit of a contingency fee is obvious. It lets you get the legal help you need without upfront costs.

As Green says, every lawyer charges fees differently. It depends on their area of expertise, the types of cases they handle, their experience level, the size of the firm they work at, and other factors.

When looking for a lawyer, ask questions about costs upfront. Understanding costs is part of choosing the right lawyer for you.

Compensation in a Nursing Home Case

In addition to reporting abuse to a state or federal agency, nursing home abuse victims can seek compensation through a lawsuit.

Compensation generally covers economic losses such as medical bills and other expenses resulting from the mistreatment. It also helps support victims with emotional distress they have suffered as a result of the mistreatment.

An elder abuse and nursing home lawyer can assess your case and bring the strongest claims possible on your behalf.

Questions for an Elder Law Attorney

Many elder law and nursing home abuse attorneys provide free case reviews for potential clients. Alternatively, they may count consultation fees toward future legal services.

Ask about free case evaluations and other legal fees upfront. Often, lawyers have contact forms on their website you can fill out to request more information. Websites will also list the law office’s phone number if you prefer to call and speak with someone directly.

To get the most out of a consultation, ask questions such as:

• What are your attorney’s fees and billing options?
• Do you use a contingency fee for nursing home cases?
• What is your experience handling elder abuse and nursing home lawsuits?
• What is the statute of limitations for bringing a lawsuit?
• What sort of compensation can I get in a case?
• How likely is settlement?
• What is the typical process of a nursing home abuse lawsuit?

After you meet with a lawyer and have your questions answered, you can begin an attorney-client relationship. Look for a nursing home abuse attorney in the Super Lawyers directory for legal help with elder abuse issues.