Questions to ask a nursing home abuse lawyer.
The free consultation is your interview, not theirs. The right questions tell you whether a firm has the focus, the track record, and the resources to handle your case, and what it will cost. This guide gives you the questions to ask, grouped by topic, with what a strong answer sounds like.
The consultation is your interview.
A free consultation is not a sales call you have to survive. It is your chance to interview the lawyer and decide whether they are right for your family. The firm is evaluating your case, and you should be evaluating them just as carefully. The questions you ask, and how clearly they are answered, will tell you almost everything you need to know.
Come prepared. Bring what you have, write your questions down, and take notes. You are not obligated to hire anyone, and you should never feel pressured to sign on the spot. Use the groups of questions below to cover experience, your case, fees, and how the firm communicates and litigates.
- Ask freely
A good lawyer welcomes your questions and answers them in plain language.
- Listen for specifics
Concrete examples and clear numbers beat vague reassurance every time.
- Take your time
You can think it over and talk to more than one firm before deciding.
Questions about their experience.
Start here. You want a firm that handles these specific cases, not one that dabbles.
Do you focus on nursing home and elder abuse?
A strong answer describes real concentration in this area, not a general practice that takes any case.
Specialist attorneysHow many cases like mine have you handled?
Listen for specific experience with your type of harm and with facilities like the one involved.
More interview questionsWhat were the results?
A good lawyer can speak to past verdicts and settlements without promising you any particular outcome.
Checking a track recordWho will actually handle my case?
Find out whether the lawyer in the room will do the work or hand it to someone else.
Referral or firmAre you licensed and in good standing here?
You can confirm this independently through your state bar, but it is fair to ask directly too.
State bar verificationThis page is general information, not legal advice. The right questions depend on the facts of your case and the law of your state.
Questions about your case.
These questions help you understand how the lawyer sees your situation and whether they are being straight with you.
- Do I have a valid claim?
An honest lawyer will give you a candid read, even if the answer is not what you hoped.
- Who could be held responsible?
The facility, a staffing company, or others may share responsibility, depending on the facts.
- What might my case be worth?
Expect a thoughtful range and the factors involved, never a guaranteed figure.
- How long will it take, and what are the hurdles?
A good lawyer will explain the timeline, the deadline to file, and the challenges ahead.
Questions about fees and costs.
Money should be clear from the start. These cases are almost always handled on contingency.
Do you work on contingency?
Most nursing home abuse firms do, which means no hourly bills and no retainer up front.
No win, no feeWhat percentage do you charge?
Contingency fees are commonly between about one third and forty percent. Ask for the exact number.
Fees and contingencyIs there any cost to me up front?
Typically there is none, and the consultation itself should be free.
How contingency worksWho pays case expenses, and what if we lose?
Ask how costs like experts are handled, and whether you owe anything if there is no recovery.
The cost to sueWill you put the fee agreement in writing?
A contingency fee agreement must be in writing, signed, and state the percentage and how costs come out.
ABA Model Rule 1.5(c)Fee percentages and cost arrangements vary by state and by firm. This page is general information, not legal advice.
Questions about how they work.
How a firm communicates, and whether it will try your case, can shape both the experience and the result.
Who is my point of contact?
Know whether you will reach the lawyer or a case manager, and how to get answers.
How often will I hear from you?
Ethics rules expect lawyers to keep clients reasonably informed. Ask what that looks like here.
Are you prepared to go to trial?
A firm that will try the case tends to negotiate from a stronger position.
How are settlement decisions made?
The choice to accept or reject an offer is yours. Confirm the lawyer respects that.
Make the most of the meeting.
A little preparation turns a consultation into a real evaluation.
Gather what you have
Bring records, photos, names, dates, and any documents from the facility, even if the file feels incomplete.
Write your questions down
Use the groups above so you do not forget anything in the moment.
Take notes, or bring someone
A second set of ears helps, and notes make it easier to compare firms afterward.
Do not sign under pressure
It is always reasonable to take the agreement home and think it over before deciding.
There is no obligation to hire anyone from a free consultation. This page is general information, not legal advice. Here is what evidence to gather before you meet.
How to decide once you have asked.
When the questions are answered, a few simple checks help you choose well.
Compare the answers
Look back at your notes. The firm with the clearest, most specific answers usually stands out.
Read the fee agreement
Make sure the written agreement matches what you were told, and ask about anything that does not.
Verify and trust your read
Confirm the license through the state bar, and pay attention to whether you felt heard and respected.
If you hire a firm and it is not working out, you generally have the right to change lawyers. This page is general information, not legal advice. Learn about switching lawyers or when to hire one.
The questions we ask, so you do not have to.
Three things we look at before we ever match a family with an attorney.
Real focus
Lawyers who concentrate on nursing home and elder abuse, not whoever takes any case that walks in.
Track record
A demonstrated history handling claims like yours through to resolution, including against large facility operators.
Right fit
The match has to make sense for your jurisdiction, your timeline, and your family's needs at a difficult moment.
About the editor
Michael Mangione
Legal Research Editor · Founder, The Mangione Group, Inc.
For more than twelve years, Michael has worked inside contingency-based law firms, building intake departments and sitting in on the questions families ask when they first call. That is the exact experience this guide is drawn from. Every guide here is researched against primary sources and reviewed under a published editorial standard. He is not a practicing attorney.
Where our information comes from.
We cite primary, public sources so you can verify anything we say.
The ethics rule requiring contingency fee agreements to be in writing.
ABA Model Rule 1.5 ↗The ethics rule on keeping clients reasonably informed.
ABA Model Rule 1.4 ↗The full set of rules that govern lawyers and their clients.
ABA Model Rules ↗Federal definitions of elder abuse, neglect, and exploitation.
42 U.S.C. § 1397j ↗The federal program that advocates for long-term care residents.
ACL Ombudsman ↗Asking the right questions, answered.
What questions should I ask a nursing home abuse lawyer?
Cover four areas: their experience with cases like yours and the results, how they read your specific case, how their fees and costs work, and how they communicate and whether they try cases. You can also start a free case review and we will help you prepare, or see our full list of interview questions.
Is the consultation really free?
With reputable nursing home abuse firms, yes. These cases are typically handled on contingency, so the initial consultation is free and there is no obligation to hire anyone. Learn how no win, no fee arrangements work.
How do I know if a lawyer has enough experience?
Ask how many cases like yours they have handled and what the results were, and listen for specific, concrete answers rather than vague reassurance. Then confirm their license and check their track record.
What should I ask about fees?
Ask whether they work on contingency, the exact percentage, whether there is any cost to you up front, who pays case expenses and what happens if you lose, and confirm it will all be in a written agreement. Under the ethics rules, a contingency fee agreement must be in writing. See fee agreement questions.
Should I ask whether they go to trial?
Yes. A firm that is willing and able to try your case tends to negotiate from a stronger position, while a firm that only ever settles may lack that leverage. Read about the difference between a trial lawyer and a settlement mill.
What should I bring to the consultation?
Bring any records, photos, names, dates, and documents you have from the facility, even if the file feels incomplete, along with your written list of questions. Here is a guide to the evidence to gather first.
Ready to ask the right questions?
Start with a free, no-obligation case review. We will help you understand what happened and, if it fits, connect you with a qualified attorney who will sit down and answer every question above.
Nursing Home Abuse Help is an independent editorial resource and attorney-referral service. We are not a law firm, we do not provide legal advice, and contacting us does not create an attorney-client relationship.