Nursing Home Negligence Statute of Limitations

What Are Statutes of Limitations?

Statutes of limitations are laws that set the amount of time someone has to take legal action.

Statutes are set by state governments and cover a wide range of case types, such as fraud, medical malpractice, personal injury, criminal cases, and wrongful death. They also affect how long you have to file a civil lawsuit in cases of nursing home abuse or neglect.

Statutes of limitations on nursing home neglect and abuse vary from state to state. Some states such as Kentucky and Tennessee give 1 year to file a claim, but other states such as Maine and North Dakota give up to 6 years. Most states set their statute of limitations between 2 and 3 years.

Once the statute of limitations has expired, you may not be able to pursue legal compensation or hold abusive nursing homes accountable. Because of this, it’s crucial to file your nursing home abuse lawsuit as soon as possible — ideally, within 3 years or less.

Thankfully, you can work with a nursing home abuse attorney to make sure your case is filed within state deadlines. Skilled attorneys understand the statutes of limitations on nursing home neglect and abuse in every state. Get a free case evaluation to see if you can work with a lawyer today.

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Why Do Nursing Home Negligence Statutes of Limitations Exist?

Statutes of limitations were put into place to make sure claimants take legal action in a speedy manner.

If decades go by after the incident, key witnesses may pass away or may not clearly remember details of the events. This is especially true in elder abuse cases, as victims are older adults who may have pre-existing mental or physical health problems.

“Statutes of limitations were put in place in part to discourage convictions based on ‘unreliable witness testimony,’ including memories of events that occurred years in the past.”

— Rape, Abuse & Incest National Network (RAINN)

Statutes of limitations also allow courts to keep things relatively fair for both the people suing (the plaintiff) and those being sued (the defendants).

To keep things fair for plaintiffs, statutes of limitations force them to build and file a case when there is enough time to establish the facts and collect time-sensitive evidence.

In fairness to the defendant, statutes prevent lawsuits from being filed decades later. Without these time limits, defendants may not be able to gather witness statements or evidence to build a counterclaim.

Nursing Home Abuse Lawyers & Statutes of Limitations

In most cases, you need to work with a specialized nursing home lawyer if you want to file a case within nursing home negligence statute of limitations.

While statutes of limitations are a key part of filing a lawsuit, they are quite hard to understand unless you are a legal professional. Fortunately, nursing home abuse lawyers at top law firms keep track of the statutes for every state. They can help you file the case as soon as possible if you qualify for legal action.

Statutes of Limitations by State

Below are the statutes of limitations for personal injury claims in all 50 states and Washington, D.C. (District of Columbia). They are not specific to nursing home abuse cases only, but are listed to give a general idea about time limits.

The only way to know for sure if your case falls within the deadline is to work with a lawyer. You may qualify even if your case is outside of the statute of limitations listed below.

Call (855) 264-6310 to see if your case falls within the statutes of limitations for nursing home abuse.

Exceptions to Nursing Home Negligence Statute of Limitations

While every state has nursing home negligence statutes of limitations, there are exceptions to them as well in some cases.

For example, the statute of limitations on nursing home abuse cases in Florida is 4 years unless evidence or facts were concealed. In this case, 2 more years are added to the limit in these cases.

Further, some states prevent government-run assisted living facilities from being sued more than 1 year after the incident took place.

Exceptions to statutes of limitations may apply if:

• The defendant intentionally misrepresents or fraudulently conceals evidence/facts
• The injury resulting from the abuse did not appear until a later time
• The plaintiff had a mental or physical incapacity due to the injury or abuse and couldn’t file a claim

Of course, the exceptions for statute of limitations can vary from state to state. You need to work with nursing home abuse attorneys to see if exceptions to the statutes of limitations will apply.

Get a free consultation to see if you can work with a nursing home abuse lawyer right now.

Legal Case Review

If you or a loved one has
suffered abuse or neglect,
we can help.

Get Justice.

Learn More

Can I File a Lawsuit After the Statute of Limitations Has Passed?

It’s not likely that you’ll be able to file a nursing home abuse lawsuit after the statute of limitations has passed in your case. However, don’t assume anything until you connect with a lawyer.

Even if you think the statute of limitations has passed in your case, a lawyer can confirm if there is any time left to file a lawsuit.

Further, our skilled attorneys may be able to help you even if the statute of limitations has passed in your case. Call (855) 264-6310 to learn more.

File Your Lawsuit Within Nursing Home Negligence Statute of Limitations

It’s key to file a lawsuit before the statute of limitations runs out in your case. You and your loved ones can only receive financial compensation through a lawsuit if it’s filed on time.

Key points about statutes of limitations include:

• They range from 1 to 6 years and vary by state
• They prevent you from filing lawsuits if time runs out
• A lawyer can help you file within your state’s statute of limitations

Get a free case review to see if you can work with a nursing home abuse lawyer and file your case within the statute of limitations. These skilled personal injury attorneys can also help you represent your interests in court and get the compensation you deserve.