Nursing home neglect is shockingly common and can result in the death of a loved one. Despite organizations such as The Long Term Care Ombudsman Program (LTCOP), a federal advocacy program dedicated to protecting people living in long-term care facilities, this issue persists. To sue a nursing home after suspected neglect, you generally have two years. While there are exceptions, it is crucial to seek legal help as soon as possible.
A nursing home abuse lawyer at Crowe Arnold & Majors can help. Despite the two-year window, preparing for legal action is complex, so it is best to give your legal team as much time as possible to build your case. The sooner you speak to an attorney, the better your chances of success. Schedule a free consultation at your earliest convenience.
What is the Statute of Limitations?
A statute of limitations defines the maximum time parties involved in a dispute must initiate legal proceedings following an alleged offense. It is derived from British Common Law and designed to prevent plaintiffs from waiting an unreasonable amount of time before filing a claim for compensation against a defendant. As noted, you generally have two years for nursing home neglect cases.
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What Are the Exceptions to the Statute of Limitations?
While the deadline to file a neglect lawsuit is firm, there are limited circumstances where a plaintiff may have more than two years. However, these exceptions will not always apply, and you should not assume they will provide you with more time without first speaking to a lawyer. The exceptions are as follows:
- The statute of limitations might be tolled when the victim has a mental impairment that prevents them from filing a lawsuit within the two-year period.
- Any efforts by the nursing home to conceal the neglect or abuse could also provide a plaintiff with additional time to file a lawsuit. The statutory period does not begin to expire until the harm is discovered.
Finally, each nursing home neglect case will be governed by its specific facts that will determine the statute of limitations and filing requirements.
Schedule a Free Consultation
If you believe you have a viable case for compensation for nursing home neglect, seek skilled and compassionate legal guidance at Crowe Arnold & Majors. While the statute of limitations is two years, other factors could shorten or lengthen the time you have to file suit. You have an opportunity to seek justice, but avoiding delays is vital to your claim. Trust our team to advocate on your behalf. Call today for a free consultation.
“My experience with all of the staff has been very professional and they treated me and my daughter like family. I’m very sastified with the fact that I choose to have them to handle my daughter and I case. I highly recommend!!!” – Quendella Leonard
