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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Nursing Home Abuse — No Win No Fee

United States (federal and general)Last reviewed 18 September 2026

Nursing home abuse and neglect cases — involving physical, emotional, or financial harm to elderly residents — are handled on a contingency fee basis. Families pay nothing upfront and owe no fees unless the case results in compensation.

What Are the Types of Nursing Home Abuse?

Direct Answer: Nursing home abuse includes physical abuse, emotional abuse, sexual abuse, neglect (failure to provide basic care), and financial exploitation. Nursing home abuse attorneys work on contingency fees, and cases may involve both individual facility lawsuits and regulatory complaints.

  • Physical abuse — hitting, pushing, inappropriate use of restraints
  • Emotional/psychological abuse — intimidation, threats, isolation, humiliation
  • Sexual abuse — non-consensual sexual contact
  • Financial exploitation — theft, unauthorized use of funds, fraud
  • Neglect — failure to provide adequate food, water, hygiene, medication, or medical care

Federal and State Protections

The Nursing Home Reform Act of 1987, enacted as part of the Omnibus Budget Reconciliation Act (OBRA), establishes minimum quality standards for nursing homes that receive Medicare or Medicaid funding. The Act guarantees residents' rights including the right to dignity, freedom from abuse and neglect, and the right to adequate care. State laws provide additional protections and may create private rights of action for abuse victims.

Liability and Damages

Nursing home abuse claims may be brought against the facility, its parent corporation, individual staff members, and third-party management companies. Damages may include medical expenses, pain and suffering, emotional distress, and punitive damages for particularly egregious conduct. In cases of fatal neglect, wrongful death claims may be pursued by surviving family members.

Nursing Home Abuse Guides

Nursing Home Residents' Rights and Reporting Abuse

Federal law gives residents of Medicare and Medicaid nursing homes the right to be free from abuse and neglect, and requires facilities to report a…

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Nursing Home Arbitration Agreements

A nursing home cannot require you or your relative to sign a binding arbitration agreement as a condition of admission or continued care.

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Nursing Home Neglect Claims

Nursing home neglect claims allege the facility failed to provide the care a resident needed, causing preventable harm such as pressure ulcers, fal…

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Frequently Asked Questions

Do nursing home abuse lawyers work on contingency?

Yes. Nursing home abuse and neglect attorneys typically work on a contingency fee basis, charging 33⅓% to 40% of the recovery. Families pay nothing upfront.

What types of nursing home abuse exist?

Nursing home abuse includes physical abuse (hitting, restraining), emotional abuse (intimidation, isolation), sexual abuse, financial exploitation (theft, fraud), and neglect (failure to provide adequate care, food, hygiene, or medication).

How do I know if a loved one is being abused in a nursing home?

Warning signs include unexplained injuries (bruises, fractures), sudden weight loss, dehydration, bedsores (pressure ulcers), changes in behaviour (withdrawal, fear), unsanitary living conditions, and unexplained financial transactions.

What federal laws protect nursing home residents?

The Nursing Home Reform Act of 1987 (part of OBRA) establishes federal quality standards for nursing homes that receive Medicare or Medicaid funding. It guarantees residents' rights including dignity, freedom from abuse, and adequate care.

Can I sue a nursing home for neglect?

Yes. Lawsuits can be filed against the nursing home facility, its corporate owner, individual staff members, and management companies. Claims may be based on negligence, breach of fiduciary duty, violation of resident rights statutes, or wrongful death.

You May Also Be Interested In

Personal Injury

General personal injury contingency cases.

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Wrongful Death

When nursing home neglect is fatal.

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Sexual Abuse

Civil claims for sexual abuse, including in care settings.

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Medical Malpractice

Medical negligence in care facilities.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.