How to Choose the RIGHT Nursing Home Abuse Attorney for Your Loved One’s Case

Discovering that your loved one has suffered abuse or neglect in a nursing home is devastating. In that moment of shock and anger, you’re faced with critical decisions that will impact your family’s future and your loved one’s well-being. Perhaps the most important choice you’ll make is selecting the right nursing home abuse attorney to champion your case.

This isn’t a decision to take lightly. The attorney you choose will be your advocate, your guide, and ultimately, the person responsible for securing justice for your vulnerable family member.

Why Your Choice of Nursing Home Abuse Attorney Matters

When you’re dealing with a nursing home abuse case, you’re not just fighting against an individual caregiver. You’re taking on a facility with deep pockets, corporate legal teams, and insurance companies dedicated to minimizing your claim.

According to a Tennessee Department of Health report, citations for the most serious federal deficiencies that cause immediate jeopardy to residents spiked 145% from 2020 to 2022. In 2022, 11% of all citations fell into this highest risk category, up from just 3% in 2018.

These statistics paint a troubling picture of nursing home care in Tennessee, underscoring why you need an attorney who specializes in this area and has a proven track record of holding facilities accountable.

7 Essential Qualities to Look For in a Nursing Home Abuse Attorney

1. Specialized Experience in Elder Abuse Cases

Not all personal injury attorneys understand the nuances of nursing home litigation. Look for a lawyer who dedicates a significant portion of their practice to elder abuse cases specifically.

At The Higgins Firm, we have a division that exclusively handles nursing home abuse cases. This specialization means we understand the unique medical, emotional, and legal aspects of elder abuse litigation that general practitioners might miss.

2. Knowledge of State and Federal Nursing Home Regulations

Tennessee nursing homes must comply with both state regulations and federal standards under the Nursing Home Reform Act. Your attorney should have comprehensive knowledge of:

• The Tennessee Adult Protection Act (T.C.A. § 71-6-101 et seq.)
• Federal regulations governing nursing home care (42 CFR § 483)
• Reporting requirements under T.C.A. § 71-6-103
• Standards for nursing home staffing ratios

This regulatory knowledge is crucial for identifying violations that strengthen your case. An experienced nursing home abuse attorney can recognize when a facility has breached its legal duty of care.

3. A Proven Track Record of Success

Past performance is often the best indicator of future results. Ask potential attorneys about:

• Their success rate in nursing home abuse cases
• Examples of settlements and verdicts they’ve secured
• How many similar cases they’ve taken to trial
• Their experience with the specific type of abuse or neglect your loved one suffered

Our team at The Higgins Firm has recovered significant settlements for nursing home abuse victims throughout Tennessee. While past results don’t guarantee future outcomes, they demonstrate our ability to handle these cases successfully.

4. Resources to Take on Large Nursing Home Corporations

Many nursing homes are owned by large corporations with substantial resources. Your attorney should have:

• Access to medical experts who can testify about standards of care
• Relationships with geriatric specialists who understand elder abuse signs
• Investigators who can gather crucial evidence
• The financial capacity to fund potentially lengthy litigation

These resources can make the difference between a token settlement and true justice for your loved one.

5. Compassion and Communication Skills

The attorney you choose should demonstrate genuine compassion for your family’s situation. They should:

• Take time to listen to your concerns
• Explain complex legal concepts in understandable terms
• Keep you regularly updated on your case’s progress
• Respond promptly to your questions
• Show sensitivity when discussing your loved one’s suffering

This compassionate approach isn’t just about bedside manner—it reflects how the attorney will present your loved one’s story to insurance adjusters, opposing counsel, and potentially a jury.

6. No Upfront Costs (Contingency Fee Basis)

Most reputable nursing home abuse attorneys work on a contingency fee basis, meaning:

• No upfront payment required
• The attorney only gets paid if you win your case
• Their fee comes as a percentage of your settlement or verdict

This arrangement ensures your attorney is motivated to maximize your recovery and removes financial barriers to pursuing justice.

7. Willingness to Take Cases to Trial

While most nursing home abuse cases settle before trial, you want an attorney who is prepared to go the distance if necessary. Some lawyers have a reputation as “settlement attorneys” who rarely see the inside of a courtroom.

Ask potential attorneys:

• How many nursing home cases have they taken to trial?
• Are they prepared to litigate if the facility doesn’t offer fair compensation?
• What is their trial experience and comfort level?

The willingness to go to trial often results in better settlement offers, as facilities know you’re not bluffing about pursuing full justice.

Red Flags to Watch For When Choosing an Attorney

Be wary of attorneys who:

• Promise specific outcomes or monetary amounts
• Pressure you to sign a contract immediately
• Have little or no experience with nursing home cases specifically
• Cannot provide references or examples of similar cases
• Seem dismissive of your concerns or questions
• Delegate too much work to paralegals rather than handling your case personally
• Have poor reviews or disciplinary actions on their record

These warning signs suggest an attorney who may not give your case the attention and expertise it deserves.

Questions to Ask During Your Consultation

Most nursing home abuse attorneys offer free initial consultations. Make the most of this opportunity by asking:

1. “How many nursing home abuse cases have you handled in the past five years?”
2. “What percentage of your practice is dedicated to nursing home litigation?”
3. “Who will be my primary contact throughout the case?”
4. “What challenges do you anticipate in my case?”
5. “How do you investigate nursing home abuse claims?”
6. “What is your approach to valuing these types of cases?”
7. “How long do you expect my case might take?”
8. “What role will I need to play in the legal process?”

The answers to these questions will help you gauge both the attorney’s experience and how comfortable you feel working with them.

Why The Higgins Firm Is Different

At The Higgins Firm, we have a dedicated team of attorneys who exclusively handle nursing home abuse and neglect cases. Our approach combines legal experience with genuine compassion for families in crisis.

Our firm has:

• Attorneys licensed in Tennessee, Kentucky, Georgia, and Texas
• A proven record of holding nursing homes accountable
• Resources to take on even the largest nursing home corporations
• Extensive knowledge of state and federal nursing home regulations
• A commitment to regular communication with clients

As one client shared: “After my Mother’s passing at a nursing home, the ladies at Higgins helped me get much needed closure and guide me through the litigation process. Hands down made my loss so much easier to handle.”

Take Action Today to Protect Your Loved One

If you suspect your loved one has suffered abuse or neglect in a nursing home, time is critical. Tennessee has a one-year statute of limitations for personal injury claims under T.C.A. § 28-3-104, meaning you have limited time to file your case.

Don’t wait until it’s too late to seek justice. Contact The Nursing Home Firm for a free, no-obligation consultation. Our compassionate team will listen to your story, evaluate your case, and explain your legal options.

Your loved one deserves justice. Let us help you fight for it.