Statute of Limitations for Filing a Nursing Home Abuse Lawsuit

Any individual harmed through abuse or neglect at a nursing home has a legal right to file a personal injury claim seeking compensation. Additionally, all surviving family members who lost a loved one through a preventable death can file a wrongful death lawsuit.

Our personal injury lawyers at Nursing Home Law Center, LLC, are legal advocates to nursing home residents harmed by caregivers' abuse and negligence.

Call our nursing home abuse lawyers at (800) 926-7565 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free case evaluation.

All confidential or sensitive information you share with our nursing home abuse attorneys remains private through an attorney-client relationship.

Generally, statutes of limitations help prevent old claims from clogging up the court system. If someone tries to sue after waiting too long — for example, more than two years — the defendant can ask the judge or jury to dismiss the nursing home abuse case because it is too late, and all evidence may have faded.

Different states have different laws that affect how long you file a personal injury claim or nursing home abuse case.

Not all states have the same statute of limitations. Some states may have a "delayed discovery" rule, meaning that you can file your lawsuit even after the regular period has expired if you did not discover until later that an injury was caused by nursing home abuse or negligence.

Also, these rules are meant to preserve evidence and memories. Therefore, if the statute of limitations has expired, but you are still available to testify, you can ask a personal injury or wrongful death attorney about filing a "late claim" through your state's court system.

Depending on the circumstances surrounding your abuse, negligence, or death of a loved one, you can file a lawsuit for medical negligence (malpractice), wrongful death, personal injury, and more.

Our nursing home lawyers can help you determine which type of lawsuit is best to hold negligent parties accountable and recover financial compensation for your damages.

Nursing home abuse and neglect can often occur, in part, due to staffing shortages, which lead to overworked caregivers unable to provide the level of care necessary to avoid injury or harm.

Other forms of negligence that may cause or contribute to injuries include:

• Failure to prevent falls
• Failure to provide proper medical treatment
• Failure to properly supervise residents who leave the facility, especially those with Alzheimer's or dementia
• Negligent hiring of under-qualified staff to care for nursing home residents

Many nursing home injuries can occur, especially when overworked, underpaid staff cannot provide the level of care necessary to avoid harm or injury.

In some nursing home abuse cases, the injuries include bedsores (pressure ulcers), fractures, malnutrition, dehydration, infections, and others.

Criminal prosecution does not always take as long as a civil suit. For example, in some elder abuse cases, police may file charges within a few months.

Still, more often, it takes between six months and a year for the state attorney's office to finish its investigation and decide whether criminal prosecution is appropriate.

While criminal prosecution provides justice for the community that minimizes the chances of recurring offenses from the same criminal, it does little to restore the victim's damages.

In personal injury cases, the victim is often left with extensive medical bills, hospitalization costs, time away from work, future lost earnings, pain, emotional abuse, and suffering.

Because of that, state laws provide legal opportunities to recover financial compensation through civil lawsuits, out-of-court settlements, and jury verdict trials.

However, the injured party must take quick action and file their claim before the statute of limitations passes. The length of time the statute restricts the victim from filing a case varies between states and contributing factors.

The statute of limitations for filing a nursing home abuse lawsuit is very short. You do not have an unlimited amount of time to file your claim after the incident. You must speak with an attorney who can advise you on what to do next and how long it will take before the statute expires. 

Typically, the state legislature rights bills on the statute of limitations, including various case types like medical negligence, fraud, product liability, criminal cases, and wrongful death.

In some cases, like a sexual assault case or nursing home abuse lawsuit, the victim can file a claim for compensation before the statute of limitations passes. However, afterward, the injured party will no longer have the legal right to seek compensation or hold the abusive caregiver accountable.

In some personal injury lawsuits, especially sexual abuse cases involving young children, the statute of limitations could be extended based on unique circumstances.

Every state has time limits set which include a statute of limitations on filing a civil suit. There are generally three different deadlines you must follow. These include:

• An injury or harm can't happen to the same person twice, so it is considered "stale" after the time limit expires.
• The statute of limitations may be "tolled," or stopped for a period, in personal injury lawsuits involving minors and young adults including, someone injured when an infant or a minor does not have legal rights until age 18 to file a case without a guardian.
• Even if the person is temporarily incapacitated, like in a coma at a nursing home facility, the statute of limitations will not be extended.

Were you or your loved one injured by negligence or abuse? Have you missed the statute of limitations deadline to file a home injury civil suit?

If so, contact our nursing home abuse attorneys at Nursing Home Law Center for immediate legal assistance.

The time limit for filing an injury claim varies from state to state. You must file a claim before the statute of limitations passes. If your home state doesn't have a set time limit, you can potentially sue on "tort" claims in some states, which means you have three years to file your home injury suit.

Under the federal laws concerning medical negligence cases, the statute of limitations is two years. So, if your state's medical negligence time limit exceeds two years, you'll have to follow the home state's statute of limitations.

Qualifying surviving family members who lost a loved one through a preventable death can file a wrongful death civil suit within a certain amount of time. The State Legislature determines the statute requirements for filing a wrongful death claim.

Generally, the time limit varies from two to three years and starts running on the date of death or when it became clear that the injury resulted in death. However, some home states allow you to file within one year if there was an intentional wrongful act.

The time restriction starts on the day the victim died, not the day home healthcare neglect or abuse occurred. You can't file an injury claim or a medical malpractice suit if your home state's statute of limitations is longer than two years.

For example, New York has a three-year statute of limitations for medical negligence injury claims and wrongful death lawsuits.

If you file a claim after the expiration date, your home state or home healthcare agency may be able to prevent you from filing a civil suit. If this happens, the responsible party will not face legal liability for their home injury actions.

If you missed the home injury statute of limitations deadline in your home state, it's vital that you immediately contact our nursing home abuse attorneys for urgent legal assistance.

Our injury claim review team will review your injury case and determine if there is still time to file. If so, we'll help hold home healthcare agencies and negligent home health aides accountable for their unacceptable actions.

A home injury or nursing home abuse claim usually takes between six months and one year from filing the complaint through trial, arbitration/mediation, settlement, and appeal. However, it could take longer if the defendants filed motions to dismiss or summary judgment, limiting the statute.

Don't hesitate to contact our elder home injury attorneys at Nursing Home Law Center for immediate legal assistance if you or a loved one were abused, neglected, injured, or died unexpectedly in a home care setting.

We are available 24/7 to take your home injury claim and start protecting your legal rights. In addition, you can reach us by calling toll-free at (800) 926-7565 to schedule a free consultation.

Nursing home abuse and neglect can happen to anyone, at home or in the hospital, but it's especially devastating when your parent is victimized. They place their trust in nursing aides who are supposed to be trained and bonded to help them, not harm them.

When the elderly come home from a hospital or rehab facility, many often require home care support. Therefore, it's vital that they only select home health aides who are reliable, trustworthy, and caring.

Unfortunately, home healthcare agencies can put together home care staffs who lack proper training and home healthcare aides who are only in the home to steal from, harass, injure, or worse.

One of the biggest problems facing home healthcare is the inability to provide home care aide training. That's why home health agencies are constantly looking for home care aides who have the skills needed for quality home healthcare.

Unfortunately, they can't always find home care aides with the right skills, which is why home health agencies sometimes hire nursing aides who lack adequate training, and nursing home injury lawsuits skyrocket.

Our law firm understands that many families have unanswered questions concerning nursing home negligence and how to hold the institution and caregivers legally accountable. A personal injury lawyer has answered some of those questions below.

Call our law office at (800) 926-7565 (toll-free phone number) or use the contact form for additional information and answers to your questions.

With a restricted time limit of about two years for nursing home negligence cases in nearly every state, time is of the essence. Consider speaking with a nursing home abuse attorney now who can review your case's merits to determine if there is sufficient evidence for monetary recovery.

After a comprehensive review, your personal injury attorney will discuss all your legal options to move your case forward while pursuing justice and seeking financial compensation for your damages.

The longer you wait, the more challenging it might be to file a claim, gather evidence, speak to eyewitnesses, and build a solid case for the most successful outcome.

Are you, or a loved one, the victim of nursing home abuse or neglect? Are you seeking to take legal action to ensure that those responsible are held financially accountable for what they did to you?

The personal injury attorneys at Nursing Home Law Center can ensure that your negligence claim is filed before the statute of limitations expires. Call our legal team at (800) 926-7565 to schedule a free consultation to discuss your case's merits.

Our affiliated attorneys accept all injury claims, wrongful death cases, and nursing home abuse lawsuits through contingency fee agreements. This promise ensures you pay nothing until your case is resolved through a negotiated settlement or jury award.

When you are ready to talk, a nursing home abuse attorney is here to help.

• American Bar Association – Statutes of Limitations