By Nursing Home Law Center
Your financial circumstances should not be a hindrance when it comes to pursuing a claim or lawsuit against a facility where a loved ones bed sores developed. Most claims and lawsuits stemming from the development of bed sores during a hospitalization or admission to a nursing home can be pursued with little or no out-of-pocket expenses on behalf of a client.
Most lawyers who concentrate in medical malpractice or nursing home litigation will evaluate the merits of the case for no charge to you. If an investigation reveals the medical facilities conduct resulted in the development of bed sores (also called decubitus ulcers, pressure sore or pressure ulcer), most attorneys will agree to pursue the matter on contingency fee arrangement.
Under a contingency fee arrangement, a lawyer receives payment for his or her services when they recover money for the injured person or their family. Most contingency fee arrangements, provide that the attorney will not receive any payment until the case is tried to verdict or settled.
The percentage of the recovery a lawyer charges is dependent on the type of case and the complexity of the matter. Nonetheless, the exact percentage should be agreed upon in writing soon after the lawyer has been retained.
Most contingency fee arrangements also specify who is to be responsible for the expenses relating to the prosecution of the matter (court fees, expenses related to procuring medical records, physician record review, deposition fees ect.). Depending on the circumstances of each case, the cases expenses may be advanced by the lawyer, the client or a combination of both. In all cases, the arrangement should be set forth in writing as soon as reasonable.
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