Q What is the statute of limitations to sue in a nursing home abuse case?
If you see signs your family member is being abused or neglected in his nursing home, you may have to help him file a lawsuit. In nursing home abuse cases, a victim may have a claim for negligence, medical malpractice, or wrongful death, but you will have a limited amount of time to file these claims. It is important to understand these critical deadlines because, if you fail to sue within these time periods, you will lose your opportunity to file a lawsuit for compensation.
The Statutes of Limitations You Need to Know
Claims for negligence, wrongful death, and medical malpractice each have their own time periods to sue. The statutes of limitations are as follows:
- Negligence. This lawsuit must be brought within two years of when the injury occurred.
- Wrongful death. This lawsuit must be brought within two years of the nursing home resident’s death.
- Medical malpractice. This lawsuit must be brought within two years of the date of the act that caused the injury. However, there are two exceptions to this rule. If the injury was caused by the accidental placing of a foreign object in the body of the victim or the injury was knowingly and fraudulently concealed by the nursing home, the time period to sue is extended. In these situations, the time period starts running when the victim knew or should have reasonably known that he was injured.
Sometimes judges establish additional exceptions to statutes of limitations in court cases. That is why it is always best to consult with an experienced nursing home abuse and neglect attorney rather than trying to incorrectly figure out the deadline to sue on your own.
Have you suffered injuries as a result of nursing home abuse or neglect? Was a family member killed? Mr. Morton has extensive experience helping families just like you. Call him at 888.716.8021 for a FREE consultation to learn about your legal options and how he can help you get the compensation you could be entitled to.