Taking legal action against a major medical facility can be intimidating. But if your family member has been abused or neglected in a nursing home, bringing a claim against the liable facility may yield the compensation needed to pay for the associated medical bills as well as non-economic damages like pain and suffering.
It’s natural to be concerned about the cost of hiring an attorney. If your family is already facing steep medical bills, the last thing you want to do is take on an extra expense. Fortunately, most nursing home abuse lawyers work on a contingency fee basis. That means they don’t require any money upfront, nor will they charge an attorney’s fee unless they win your case.
How Much Is the Contingency Fee?
Contingency fees can vary considerably from firm to firm. Factors that might affect an attorney’s rates include the practice’s resources as well as the lawyer’s:
- Track record of securing sizable settlements; and
- History of achieving fast and fair resolutions to complicated claims.
While you may be tempted to choose the firm that charges the lowest contingency fee, this could end up being a costly mistake. It’s important that you find out how many nursing home abuse cases the lawyer has handled and the results of those cases. You should also confirm that the attorney has extensive experience handling cases that are similar to yours. A well-credentialed lawyer will:
- Understand the relevant case law and statutes;
- Be able to avoid critical mistakes that could extend the proceedings;
- Know the kinds of evidence needed to strengthen your case;
- Account for all the damages that may be owed; and
- Have access to expert witnesses whose deposition might play an integral role in determining the outcome of your case.
In New York, contingency fees are usually capped at 33.3 percent of the resulting payout. For claims that yield smaller recoveries, firms typically opt to implement a sliding scale as their fee structure. They may charge up to 50 percent of the first $1,000 recovered, 40 percent of the next $2,000, 35 percent of the next $22,000, and up to 25 percent of anything over $25,000.
In the state of New York, a separate sliding scale applies to medical malpractice claims. Generally speaking, a lawyer may charge up to 30 percent of the first $250,000, up to 25 percent of the next $250,000, up to 20 percent of the next $500,000, up to 15 percent of the next $250,000, and no more than 10 percent of anything exceeding $1,250,000.
It’s important to note that regardless of whether an attorney charges a flat percentage or on a sliding scale, the contingency fee is usually based on the net payout. That means various expenses that the law firm advanced for the claim will be deducted before the contingency fee is calculated.
Speak with a New York Nursing Home Abuse Attorney Today
If your loved one received substandard care at a nursing home, your family may be entitled to compensation for all associated damages. To determine if you have grounds for a claim, contact LoTempio P.C. Law Group. Call 716-855-3761 or use our Online Contact Form to set up a free case review with a nursing home abuse lawyer in New York.