Filing a Negligence Claim & Prosecuting an Elder Neglect Case – the Process

Retaining an Attorney to Investigate the Case

The first step in pursuing a claim is to retain an attorney to assist with the case investigation and prosecution. Do your due diligence in retaining a well qualified attorney who has trial experience in this area.

Most attorneys work on a contingency basis, so you will pay no attorney’s fees unless there is a recovery. However, before committing time to a case an attorney will evaluate the case to see if it one that can be prosecuted successfully. He will look at the alleged misconduct and also the injuries flowing from that misconduct. Certain states require that an expert certify in writing that the case has merit before it can proceed into litigation. Often an attorney will have the case reviewed by an expert to determine if the case has merit.

Step 2: Preserving Evidence and Gathering the Relevant Records to Investigate a Case