How Long Do You Have to File a Nursing Home Abuse Lawsuit?

If you suspect nursing home abuse or nursing home neglect, taking legal action may be necessary to protect your loved one and hold the facility accountable. However, there are strict deadlines, known as the statute of limitations, that determine how long you have to file a nursing home lawsuit. Failing to act within the time limit can prevent you from seeking compensation for medical bills, pain and suffering, and other damages.

This guide explains the statute of limitations for nursing home abuse cases, the legal process, and what steps you should take to pursue justice.

Understanding the Statute of Limitations for Nursing Home Lawsuits

The statute of limitations is the legal deadline for filing a nursing home abuse lawsuit. In California, this time limit varies depending on the type of abuse or neglect involved.

• personal injury lawsuits – If a nursing home resident suffers physical harm due to nursing home negligence, the lawsuit must be filed within two years from the date of the injury.
• medical malpractice – If the case involves medical negligence by a healthcare provider, such as a doctor or nurse, the time limit is one year from the date the injury was discovered or three years from when the malpractice occurred, whichever comes first.
• wrongful death claim – If a resident’s death results from abuse or neglect, family members typically have two years from the date of death to file a wrongful death claim.

There are some exceptions that may extend these deadlines, such as if the victim was mentally incapacitated or if the facility’s failure to disclose crucial evidence delayed the discovery of abuse.

Steps to Take If You Suspect Nursing Home Abuse

If you suspect nursing home abuse, it is crucial to take immediate action to protect the victim and gather evidence to support a claim.

Report nursing home abuse

Notify adult protective services, the California Department of Public Health, or local law enforcement if the victim is in immediate danger.

Gather evidence

Strong evidence is necessary to prove nursing home negligence cases. Collect:

• medical records documenting injuries and treatment
• witness statements from family members, staff, or other residents
• photographs of physical injuries, poor conditions, or signs of neglect
• financial records if financial abuse is suspected

Consult a nursing home abuse lawyer

An experienced attorney can help navigate the nursing home lawsuit process, determine the appropriate legal action, and ensure all filing deadlines are met. Many law firms offer a free consultation to discuss your case.

Seeking Compensation for Nursing Home Abuse

Victims of nursing home abuse and neglect may be entitled to compensation for:

• medical bills and future medical care
• emotional distress and psychological trauma
• financial losses related to financial abuse
• punitive damages to punish negligent parties

If you need legal representation, consulting a personal injury attorney who handles nursing home abuse cases can help you pursue compensation and hold the facility accountable. Taking action within the statute of limitations is essential to achieving the best possible outcome.