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$Nursing Home Abuses

Contingency vs. Hourly: How These Lawyers Are Paid

How a lawyer is paid matters, especially for a family already dealing with a loved one's harm. Nursing home cases are almost always handled on contingency — here is why.

Contingency fees

The lawyer is paid a percentage of the recovery, and only if there is a recovery — no fee if the case does not succeed. The firm also generally advances the case costs, so a family can pursue a claim without paying out of pocket while caring for a loved one.

Hourly fees

Paying by the hour would require a family to fund the case as it goes, regardless of outcome, on top of the costs of records and experts. That is why hourly billing is essentially never used for a family bringing a nursing home claim.

The bottom line

For nursing home cases, contingency is the norm: no fee unless the firm recovers, and the firm advances the case costs. The written fee agreement spells out the percentage and how costs are handled.

Frequently asked questions

Do we pay anything up front?

With a contingency arrangement, no — the fee comes out of a recovery, and if there is no recovery you do not owe an attorney fee. The initial review is free.

This is general information about Nursing Home Abuse injury claims, not legal advice. Every situation is different.

The law depends on your state

The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to nursing home abuse.

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