What Is The Statute Of Limitations On Nursing Home Abuse?
If you believe your loved one is being abused or neglected within a nursing home, your world has likely been turned upside down. You can file a personal injury claim against the staff member that inflicted the abuse, or against the facility as a whole.
Unfortunately, these claims are some of the most complex personal injury cases to file and one small mistake could result in the forfeiture of damages you and your loved one deserves. One of the most common mistakes people make is that they do not file their claim on time. Learn more about the statute of limitations on nursing home abuse, and how it will affect your claim, below.
The Time Limit on Nursing Home Abuse Claims
Like all personal injury claims, nursing home abuse claims are governed by a statute of limitations, or time limit. In Florida, the deadline on nursing home abuse cases is two years from the day of the abuse. In some instances, a person may not discover the abuse or injury right away.
For example, a nursing home resident may become the victim of abuse and sustain a concussion. They or their family may not realize they sustained a serious injury until ten days later. In this case, the statute of limitations would not start on the date of the abuse but instead, on the date the injury was discovered.
In any case, no more than four years can pass before a nursing home abuse case is filed. If more than four years has passed, nursing home residents and their loved ones will likely forfeit any right they have to file a claim.
Why Do Nursing Home Abuse Claims Have a Statute of Limitations?
It may seem unfair to some people that nursing home abuse claims are governed by a statute of limitations, but there is good reason for it. Without a time limit on these claims, a case may be filed based on a situation that occurred many years ago, and that the defendant has no recollection of. Over time, evidence may also get lost or grow stale, which can hinder the integrity of the case.
Due to the statute of limitations on these claims, it is critical to speak to a Tampa nursing home abuse lawyer as soon as possible after learning of this type of abuse. A lawyer will get to work right away, investigating the situation and collecting the important evidence to prove your case. A lawyer will also ensure no mistakes are made, and that your claim is filed on time so you recover the full damages you deserve.
Our Nursing Home Abuse Lawyers in Tampa Will File Your Claim On Time
If you suspect that your loved one has been harmed while in a long-term care facility, our Tampa nursing home abuse lawyer at Kohn Law is here to help with your case. Call us today at 813-428-8504 or fill out our online form to arrange a free consultation with our skilled attorney and to learn more about how we can help.