If you or a loved one has been the victim of nursing home abuse or neglect, hiring an attorney to help take action against the nursing home is the best way to ensure you are compensated for pain and suffering. It's important to consult an attorney familiar with the laws and regulations surrounding nursing homes and elder abuse in your state. Laws vary from state to state and are often complex.
The staff at the nursing home may ask you to sign documents releasing them from responsibility in exchange for compensation. A nursing home attorney will be able to guide in this process and tell you if you are being taken advantage of or if the nursing home staff is acting illegally. In addition, most nursing homes will have legal professionals on hand to protect them and the interests of their staff members. In this case, having an attorney on your side will help ensure your rights are protected against their interests. Remember, hiring an attorney doesn't necessarily mean you will have to go through litigation. An attorney can help you come to a settlement agreement with the nursing home and avoid the effort and expenses of going to court.
Many attorneys will handle a case related to nursing home abuse or neglect on what is called a contingency fee basis. This means that no fees or costs are charged unless your attorney collects money damages for you. When you receive compensation, meaning your attorney has successfully concluded your case either by settlement or litigation, the fees are a percentage of the total settlement. This percentage is commonly 33% prior to filing a lawsuit and 40% after a lawsuit is filed, although these fees might be negotiable, depending on the strength of your case. In addition to the fees, you will likely have to pay the costs that your attorney pays on your behalf for things like medical records, investigation fees, expert witness fees and court filing fees.