If you intend to bring a nursing home abuse or negligence claim, you may be concerned about the cost of hiring an attorney. Fortunately, most lawyers accept these cases on a contingency fee basis, which means no money is due upfront, and you won’t owe any attorneys’ fees unless the case is resolved in your favor.
Contingency fees can vary from one attorney to the next. This is because some lawyers have far more experience than others, which often translates into a faster resolution to cases and greater financial recoveries for their clients. An attorney who doesn’t have a history of success in cases like yours could end up making a critical mistake that draws out the proceedings or prevents you from collecting the highest possible payout. For this reason, you should not choose an attorney based solely on their contingency fee but, rather, based on a number of factors including:
The number of nursing home abuse and neglect cases the lawyer has handled;
The outcomes of those cases;
Whether the attorney has extensive experience in litigation and trial;
Whether the attorney has positive online testimonials from past clients; and
Whether the lawyer seems personable, honest, and knowledgeable during the initial consultation.
How Do Contingency Fees Work?
When a nursing home abuse attorney accepts a case on a contingency fee basis, they don’t get paid unless the client wins. The lawyer then takes a percentage of the final settlement or verdict.
Sometimes the contingency fee is calculated before deducting the costs of litigation and other expenses; other times, the fee is calculated after deducting those costs. Your attorney can explain how their fees are calculated during your free initial consultation.
Experience Matters When Hiring a Nursing Home Abuse Lawyer
Nursing home abuse and negligence cases often involve substantial damages. In addition to economic damages such as medical bills, the victim may also be entitled to non-economic damages such as pain and suffering and emotional distress. Nursing homes and their insurance companies will go to great lengths to dispute any claim that comes their way, so it is important that the attorney you hire has the experience to provide effective representation.
A lawyer who has a history of success in nursing home abuse claims will know the kinds of evidence needed to strengthen your case and how to approach the investigation. Such an attorney will also know how to get the most value out of expert witness deposition should your case proceed to discovery. A well-credentialed attorney can make sure your claim accounts for all the damages you may be owed and can help you pursue punitive damages if warranted.
Often, just having the right attorney by your side can motivate the opposing party to settle. If your lawyer has extensive trial experience, the defense might be inclined to settle rather than taking their chances in litigation. This could greatly reduce the duration of the proceedings and might lead to a greater net recovery by avoiding the costs of litigation. Conversely, if the opposing party refuses to pay a fair settlement despite being presented with strong evidence, a seasoned litigator won’t hesitate to file a lawsuit and fight for the full compensation you deserve.
Call 855-585-2969 to Speak with a Nursing Home Abuse Attorney in New York
At Leitner Varughese, we are one of the top nursing home abuse and negligence law firms in the state of Florida. Our attorneys have helped clients win more than $100 million in nursing home negligence and malpractice verdicts and settlements. To schedule a free consultation, send us a message or call 855-585-2969.