Search thousands of topics on CostHelper

BROWSE ALL TOPICS >> babies & children  cars  consumer electronics health & personal care home & garden personal finance  pets  schools small business sports weddings
CostHelper > Personal Finance  > Legal > Elder Abuse Lawsuit

Elder Abuse Lawsuit Cost


How Much Does an Elder Abuse Lawsuit Cost?

 
average costMedium: Attorneys Usually Charge $100-$400+ per hourhigh costHigh: A Personal Injury Lawyer May Charge 25-40% of the Settlement

In most states an elder is anyone age 65 or older, and abuse can be physical, emotional, sexual or financial, or caused by neglect. Elder abuse cases can range from a senior citizen becoming ill or being injured because of poor care or outright neglect at a nursing home to an elderly couple losing their money to a greedy relative or being deceptively sold an annuity that won't pay out until they're more than 110 years old. Most civil lawsuits seeking money are filed against nursing homes or similar facilities, or companies selling deceptive or fraudulent financial services

Typical costs:

  • If the case is strong enough, generally an attorney will accept an injury or neglect case against a nursing home or other facility on a contingency basis, where the lawyer takes anywhere from 25-40 percent of the monies received in a settlement or court judgment, and there are no legal you don't receive any money. Typically the attorney's percentage is at the higher end of the scale if a case goes to trial or is appealed. An important factor is whether the individual or company being sued has the resources to pay any money awarded by the court.
  • Financial abuse (outright theft or deception/ fraud) cases might be charged on contingency (if enough money is involved to justify the time and money required to prepare a case), but because of the difficulty in prosecuting these (and because the alleged perpetrator can often use the victim's money to fight the lawsuit) they are more often charged an hourly rate of $100-$400 or more. Based on the estimated costs, the attorney will ask for a retainer -- money that will be placed in a trust account and used to pay the hourly rate as services are provided. If the money runs out, you will be billed for an additional payment. The amount of the retainer will vary considerably depending on the attorney, local standards and the complexity of the circumstances.
Related articles: Property Damage Lawsuit, Medical Malpractice Lawsuit

What should be included:
  • The specific laws governing elder abuse vary from state to state. The National Center on Elder Abuse (NCEA) provides a resource directory summarizing each state's laws and agencies dealing with elder abuse, as well as frequently asked questions about elder abuse.
  • Elder abuse is a relatively new field of law. The NCEA gives an overview of laws related to elder abuse and the Utah Bar Association posts a description of the changing role of the courts in elder abuse cases.
Additional costs:
  • Most attorneys will charge you out-of-pocket expenses for postage, copies, messenger services, court fees, disposition costs, long distance phone calls and other incidental items. A lawyer working on an hourly basis will usually bill for these costs as they occur; one working on contingency will usually pay these expenses and be reimbursed out of the settlement/judgment.
Shopping for an elder abuse lawsuit:
  • Ask about the attorney's specific training and experience with elder abuse law. Be sure you understand whether the case will be handled on a contingency or hourly basis, how frequently the attorney will bill (weekly or monthly) and what sort of out-of-pocket or incidental expenses you will be expected to pay.
  • Search for elder law attorneys at Lawyers.com[1] and FindLaw.com[2] .
  • Your attorney should provide you with a written fee agreement. Be sure you understand exactly how and when (before or after medical bills are reimbursed) the fees will be deducted from your settlement/judgment.
post Post   Comments (2)  
CostHelper News


7 Lesser-Known Discounts for the 50+ Crowd
As they age, members of the Baby Boomer generation don't like to admit that they're senior citizens, but they love getting discounts. It's kind of a quandary, because some of the best deals available are reduced prices for older folks. || Posted October 21 2013


7 Ways to Stretch Your Reduced Food Budget
End of the year budgets are tight for everyone, especially in this economy.It's especially hard for the millions of Americans who depend on government programs like food stamps to help make ends meet. || Posted November 11 2013

‣ All CostHelper Blog Posts


What People Are Paying - Recent Comments
Elderly abuse by an individual for financial gain
Amount: $95,000.00 total
Posted by: Vanessa raicevic in Sherman oaks, CA.Posted: April 3rd, 2018 09:04AM
Firm: Todd stevensonPer Hour: 450.00
This lawyer takes too long sends me no paperwork what he has done so far and his assistant also r not communating about what they have done so far.
Was this post helpful to you?   yes     no Report prohibited or spam
Elder abuse from a contrctor who hire a lawyer to represent both of us.
Amount: $250.00 total
Posted by: John T. Lucas in Lake Forest, CA.Posted: February 24th, 2016 05:02PM
Firm: Not selected yetPer Hour:
Hi I am a 71 year old Vietnam War veteran. Social Security deemed my as totally disabled in 2009. I have had 5 major spinal surgeries that have left me with 34 screws/rods/pins holding my spine together. Along with this I have heart problems have 2 stents and one heart attach in 2011 when one stent blocked completely. I also now also have leukemia. I got taken buy a dirty contractor and his lawyer for about $250K. The lawyer was representing both of use but them realized he was breaking the law so we have already started an action against him. Next we want to go after the contractor for getting me stuck in a scheme to take almost my entire saving that was in my house equity. Need help in this area to properly go after him. Thanks, John
Was this post helpful to you?   yes     no Report prohibited or spam


 

Comment On Your Experience With an Elder Abuse Lawsuit
 
Subject:  *
Amount Spent:  * total
Firm: Per Hour: 
Comments: 
Purchased:  Year: 
City:  * State:  *
 
Information about you:
Email:  * Email addresses are not displayed.
Name:  This is the name we'll display with your post.
me on this computer
*=required field.
 



External Resources:
  1.  www.lawyers.com/elder-law/find-law-firms-by-location/
  2.  lawyers.findlaw.com/lawyer/practice/Elder-Law
More Personal Finance Topics
Check Out All Costs for Personal Finance How Much Does Closing a Home Cost? How Much Does a Traffic Ticket Attorney Cost? How Much Do Funeral Flowers Cost?

Search Thousands of Topics on CostHelper.com

 
Today's Featured Cost Articles

About CostHelper
CostHelper is based in Silicon Valley and provides consumers with unbiased price information about thousands of goods and services. Our writers are experienced journalists who adhere to our strict editorial ethics policy.

CostHelper Community
Didn't hurt the pocketbook
Paid: 43.00
I called my dentist because my tooth had been hurting for a week and a half. I couldn't eat or sleep. It was horrible. They got me in the next day. The dental surgeon and staff took x-rays, verified that it indeed needed to come out... [more]
-Anxious in Augusta
Tooth Extraction Cost
Current cost of skirting job 2022
Paid: 2356.00
Purchased material @ mobile home supply store Front/back top trim & ground track 17 each [email protected]$9= $459. 48 [email protected]$17= $816. [email protected]$40 [email protected] $20 tax $121. Total material $1456. 3 guys total $75 hour labor at 12 hours $900 labor... [more]
-Fayard siding
Mobile Home Skirting Cost
Alatel joy tab2
Paid: 108.00
Cracked screen... [more]
-Shawn P Speers
Tablet Repair Cost
Replace 2baths, laundry, and kitchen to the street
Paid: 20000.00
Numerous breaks in 90 year old cast iron and also in the clay pipe. replaced with 4" schedule 40 ABS to the curb and then liner in the clay pipe to the city sewer... [more]
-Steve in 2022
Sewer Line Replacement Cost
Full mouth -Is this estimate too much?
Paid: 16945.00
Extract buttom front teeth, replace with single implant for both teeth. Root canals and crowns needed for 3 molars, fillings needed on 11 teeth. Deep cleaning with 4 spots of Arestin and fluoride treatment. All under IV sedation... [more]
-Shanmarspag
Dental Work Cost
Lockout at front door
Paid: 175.00
I was quoted $29 for a service call. The techniciandidn't give me a price but went ahead with the repair. It took about 10 minutes. Then he told me the charge was because the owner of the business gets most of the money I paid... [more]
-Carla Axelrod
Locksmith Cost