How Long Do I Have to File a Lawsuit for Nursing Home Abuse & Neglect?
When you or a loved one is the victim of nursing home abuse or neglect, it can be an incredibly traumatic and stressful experience. Time can fly by before you are even aware that you may be entitled to pursue compensation in the form of a lawsuit. However, there is a time limit for how long you can wait before filing a lawsuit related to nursing home abuse or neglect. You might be familiar with the term "statute of limitations," and that is the legal term for the time limit you have to file a lawsuit.
The statute of limitations can vary by state, and it depends on the state in which the nursing home is located. At Brown & Barron, our clients must reside in a nursing home anywhere in the state of Maryland or in Washington, D.C., where the statute of limitations for nursing home abuse/neglect isgenerally within three years from the date of the injuryor death to seek compensation for your losses. Of course, while some injuries are immediately apparent, others may take years to surface. That is why it is important to contact an attorney that specializes in nursing home abuse and neglect as soon as possible.
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.
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 410-213-3242 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.
