If your loved one died in a nursing home due to negligence, you may have a case. However, the statute of limitations for nursing home negligence is different than those for other types of personal injury lawsuits. In these cases, the statute of limitations does not expire until three years after the patient passed away. Therefore, you should contact an attorney as soon as possible. Remember, you do not need to wait for three years after the incident to file a claim.
The statute of limitations for filing a nursing home negligence lawsuit depends on the date of the injury or death. Generally, it’s two years from the date of death. However, if your loved one was a minor at the time of the accident, you have only two years to file a lawsuit. The deadline to file a personal injury lawsuit in Florida is two years after the date of the incident, but four years if the patient dies before then.
The statute of limitation for nursing home neglect cases varies from state to state. Most states have a two to three-year statute of limitation, although there are some exceptions to that rule. Kentucky and Tennessee have a one-year statute of limitation, while Maine and North Dakota have six-year statutes. However, most states set a two to three-year statute of limitations for filing a nursing home negligence claim.
Another area where negligence can occur is in the form of financial abuse. In this case, an older person’s property or financial situation is exploited by staff. For example, if a nursing home employee intentionally hits a resident or steals from their possessions, this is abuse. A nursing home can be held accountable for the financial abuse and other damages caused by the staff’s negligence. In the latter instance, you can file a civil suit if a nursing home has violated the statute of limitations for this type of claim.
When can I file a nursing home negligence lawsuit? Depending on the type of nursing home negligence, the statute of limitations can be anywhere from 1 to six years. While it can be difficult to understand without the help of a nursing home negligence attorney, a qualified lawyer can help you navigate this confusing area of law. So, don’t wait to file a lawsuit! You’ll be able to get the compensation you deserve.
Depending on the type of nursing home negligence, there may be punitive damages that are awarded. These types of damages are meant to deter other nursing homes from abusing their residents. Punitive damages are amounts that go above and beyond regular non-economic compensation. Another issue that may arise is the statute of limitations. The statute of limitations varies depending on the state you live in. However, if you suspect a nursing home has violated your loved one’s rights, you must act quickly. Contact an attorney right away to discuss your options.