The statute of limitations can also vary depending on whether the type of case you are filing is a 1) survival action or a 2) wrongful death action.
Survival actions
In the case of a survival action, the resident has been injured due to abuse or neglect and a lawsuit is being filed by the injured resident or on their behalf (e.g., by a third party acting as guardian or power of attorney). In this survival action case, the statute of limitation can be three years from the date of the injury or three years from time when the poor care started. Establishing the starting point of the poor care that resulted in an injury can be complicated. It could be a single event, a pattern of behavior that began with a certain employee, or it could be the day he or she entered the nursing home. It is best to contact an attorney immediately to ensure that the case is filed before the statute of limitations is exceeded.
For a free legal consultation, call 410-547-0202
Wrongful death
In the case of a wrongful death suit, the guardian or power of attorney is suing for abuse or neglect on behalf of the deceased resident, and the statute of limitations is three years from the date of death.
Best to Act Quickly
The begin date of the statute of limitations in either type of lawsuit can be subject to interpretation, so it’s important to contact an attorney who specializes in cases of nursing home abuse and neglect, like Brown & Barron, as soon as possible. Even if considerable time has passed since the incident or death, you might still have time to file.
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Our attorneys at Brown & Barron, LLC focus on representing the victims of medical malpractice and nursing home abuse/neglect. We know first-hand how these facilities function, and just how vulnerable patients and residents are to injuries. If you believe you or a family member has suffered as a result of medical malpractice or nursing home negligence, we invite you to contact our team as soon as possible to learn more about your rights and options. To contact our team, call (410) 547-0202 today for a consultation.
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This site offers legal information, not legal advice. Although we do our best to provide helpful information about your options, your specific needs require specific legal advice, and for that you should consult an attorney.
Contact Brown & Barron online today to schedule a free case review.
