What Is a Nursing Home Neglect Statute of Limitations?
The nursing home negligence statute of limitations is a law that limits the amount of time someone has to take legal action. State governments set these laws, affecting how long you have to file a civil lawsuit in cases of nursing home neglect or abuse.
In most states, the nursing home negligence statute of limitations is 2 or 3 years.
If your loved one is harmed in an out-of-state care facility, you need to know that state’s nursing home negligence statute of limitations. We can connect you with top nursing home law firms nationwide if you qualify.
Once the statute of limitations has passed, you can no longer pursue a nursing home settlement or hold abusive nursing homes accountable. Because of this, it’s crucial to file your nursing home abuse or wrongful death claim as soon as possible.
Working with a skilled nursing home abuse attorney is the best way to make sure your claim is filed before your deadline.
The Nursing Home Abuse Center partners with a national network of top nursing home lawyers who can help file claims before time runs out. Together, they have recovered over $314 million for families affected by harm in nursing facilities.
Get a free case review right now to find out if we can connect you to an experienced attorney near you.
Fight back against nursing home abuse and neglect — start now with a free case review.
Start My Free Case Reviewor call (855) 264-6310
How Long Do You Have to Sue a Nursing Home?
The amount of time you have to sue a nursing home varies by state, generally ranging from 1 to 6 years.
For example, the deadline is 1 year in states like Kentucky and Tennessee, while it extends up to 6 years in states like Maine and North Dakota.
Understanding the nursing home neglect statute of limitations in your case is critical since missing the deadline means you can never pursue justice and compensation.
The clock usually starts to run on the date the neglect or abuse was discovered or should have been discovered. The statute of limitations for nursing home wrongful death cases usually begins on the date of death.
In most states, the time limit for filing a wrongful death claim is different from the deadline for cases involving living victims. Consult a legal expert to understand your specific deadline.
Experienced nursing home abuse lawyers can help you navigate your state’s laws, gather evidence, and meet all critical deadlines, giving you the best chance for a successful outcome.
2025 State Guide to Statute of Limitations on Nursing Home Neglect
Below are the nursing home neglect statutes of limitations for all 50 states and the District of Columbia.
The statutes of limitations listed apply to personal injury cases, as many nursing home abuse lawsuits are filed this way. Wrongful death cases may have a different time limit.
Statute of Limitations Guide by State — Personal Injury Claims:
- Alabama 2 years
- Alaska 2 years
- Arizona 2 years
- Arkansas 3 years
- California 2 years
- Colorado 2 years
- Connecticut 2 years
- Delaware 2 years
- District of Columbia 3 years
- Florida 2 years
- Georgia 2 years
- Hawaii 2 years
- Idaho 2 years
- Illinois 2 years
- Indiana 2 years
- Iowa 2 years
- Kansas 2 years
- Kentucky 1 year
- Louisiana 2 years (1 year for injuries before 7/1/24)
- Maine 6 years
- Maryland 3 years
- Massachusetts 3 years
- Michigan 3 years
- Minnesota 6 years
- Mississippi 3 years
- Missouri 5 years
- Montana 3 years
- Nebraska 4 years
- Nevada 2 years
- New Hampshire 3 years
- New Jersey 2 years
- New Mexico 3 years
- New York 3 years
- North Carolina 3 years
- North Dakota 6 years
- Ohio 2 years
- Oklahoma 2 years
- Oregon 2 years
- Pennsylvania 2 years
- Rhode Island 3 years
- South Carolina 3 years
- South Dakota 3 years
- Tennessee 1 year
- Texas 2 years
- Utah 4 years
- Vermont 3 years
- Virginia 2 years
- Washington 3 years
- West Virginia 2 years
- Wisconsin 3 years
- Wyoming 4 years
Fight back against nursing home abuse and neglect — start now with a free case review.
Start My Free Case Reviewor call (855) 264-6310It’s important to understand that personal injury statutes of limitations are subject to change.
Additionally, the elder abuse statute of limitations could vary depending on the type of legal action and the state. Working with a lawyer is the best way to know if your case falls within the deadline.
Why Do Nursing Home Negligence Statutes of Limitations Exist?
Statutes of limitations ensure legal action is taken promptly. If too much time passes after an incident, victims may pass away or not clearly remember the details of the events.
This is especially true in cases of nursing home abuse or neglect, as residents are generally older adults who may have pre-existing mental or physical health conditions.
5 key reasons for nursing home negligence statutes of limitations are:
- Preserving evidence: Filing a case soon after an incident helps ensure that important evidence is not lost or damaged
- Accurate eyewitness reports: Witnesses are more likely to remember details clearly if the event was recent
- Fairness for all: These deadlines help ensure fairness for those suing and the nursing home
- Timely compensation: Nursing home residents or family members can receive compensation for medical bills and other costs as quickly as possible
- Preventing delays: Swift justice allows victims and their families to gain closure and move forward with their lives
Nursing home negligence statutes of limitations allow plaintiffs to build and file a case with enough time to establish the facts and collect time-sensitive evidence.
Call us right now at (855) 264-6310 or Click to Live Chat to find out if we can help you take legal action before the nursing home negligence statute of limitations expires in your case.
Nursing Home Abuse Lawyers and Statutes of Limitations
Experienced nursing home lawyers can ensure your case is filed within the nursing home negligence statute of limitations that applies to your case.
Generally, victims of nursing home abuse and neglect have 2 or 3 years to take legal action against a facility.
Statutes of limitations can be tricky, but a lawyer can help:
- Determine the laws where the harm occurred
- Explain the nursing home negligence statute of limitations clearly
- Identify exceptions that might apply to your case
- Know the laws where the harm occurred, even if you live elsewhere
- Stay updated on changes to the statutes over time
It is strongly recommended that you work with a skilled lawyer who can file your lawsuit before the deadline and fight for maximum compensation.
Find out if we can connect you with an experienced nursing home abuse attorney near you.
Are There Exceptions to Nursing Home Negligence Statute of Limitations?
While every state has nursing home negligence statutes of limitations, there may be exceptions in some cases.
Exceptions to a nursing home negligence statute of limitations may apply if:
- The nursing home hides or lies about important information
- The injury from the abuse wasn’t noticed until later
- The victim couldn’t file a claim because of incapacity
The exceptions for nursing home neglect statutes of limitations can vary from state to state.
Consulting with a nursing home neglect attorney is generally the best way to determine if any exceptions to the statutes of limitations apply in your case.
File a Lawsuit Within the Nursing Home Neglect Statute of Limitations
It’s critical to file your lawsuit before the nursing home negligence statute of limitations passes. Your family can only seek justice and financial compensation through a lawsuit if it’s filed on time.
Key points about nursing home negligence 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
The Nursing Home Abuse Center has legal partners who have secured over $314 million for nursing home abuse and neglect. We can help families in all 50 states.
Call (855) 264-6310 right now or get a free consultation to find out if you can connect with expert legal help before it’s too late.
Nursing Home Negligence Statute of Limitations FAQs
Can you sue a nursing home for neglect?
Yes. You can sue a nursing home if neglect caused harm that should have been prevented. Nursing home neglect lawsuits are civil cases and usually fall under personal injury law.
Nursing home neglect can include:
- Allowing elopement (exiting alone)
- Failing to prevent falls
- Ignoring medical needs
- Leaving residents in unsafe conditions
- Withholding basic care
Remember, each state has a statute of limitations — a legal deadline for filing lawsuits.
In most states, you have 2 or 3 years from when the neglect occurred or was discovered. If you miss this deadline, you may lose your right to sue.
Call us right now at (855) 264-6310 to take the first steps toward justice.
What is the statute of limitations on nursing home negligence?
The statute of limitations for nursing home negligence varies by state, with many states allowing 2 or 3 years to file.
Consulting with an experienced lawyer is the best way to understand the statutes that apply to your case.
Get in touch with us right now for a free case evaluation. We may be able to connect you with a top nursing home lawyer to discuss your situation in detail.
When does the statute of limitations start in nursing home abuse cases?
The statute of limitations usually starts once any type of nursing home abuse or neglect causes harm or is discovered.
However, since every case is different, reach out to a lawyer to see when the nursing home negligence statute of limitations starts in your case.
Personal injury lawyers with experience handling nursing home neglect and abuse claims can help you understand how long you have to file a claim.
Do nursing home negligence statutes of limitations change?
Yes. Since statutes of limitations are set by state laws, they may change over time, as laws are updated.
While this can make it harder for you and your family to understand your own deadline, don’t worry. A skilled nursing home attorney can provide legal advice and ensure your case is filed in time.
Do statutes of limitations vary between civil and criminal cases?
Yes. Statutes of limitations vary between civil and criminal cases, often with criminal cases having longer (or no) limitations depending on the severity of the crime.
Most nursing home abuse cases fall under civil law. However, they may sometimes be prosecuted as a criminal case if there is an act of violence, like physical assault or sexual abuse.
Is there a statute of limitations on elder abuse?
Yes, there is an elder abuse statute of limitations. Elder abuse broadly covers any harm, neglect, or exploitation of an older person and can occur at home, in nursing facilities, or elsewhere.
The statute of limitations on elder abuse applies to both civil and criminal cases and varies by state. Consult a legal expert to understand the specific deadlines in your state.
What is the statute of limitations for elder abuse?
Most states give you 2 or 3 years to file a civil lawsuit for elder abuse. This deadline can vary depending on your state, when the abuse was discovered, and whether the victim has conditions like dementia that affect their ability to act.
This applies to civil cases only. Criminal elder abuse is handled by law enforcement and follows different rules.
If the abuse happened in a private home or involved a family member, legal options may still exist, but financial compensation is often limited, and the case may involve probate or protective courts instead of civil court.
An experienced lawyer can help you understand what deadlines apply in your state and whether a civil lawsuit is possible based on the types of elder abuse involved.
How long do you have to report abuse in a nursing home?
There is no official deadline to report nursing home abuse to the state, but if you plan to file a civil lawsuit, most states allow only 2 or 3 years from the date the harm occurred or was discovered.
Waiting too long could affect both your legal rights and the safety of others in the facility. You can report abuse to your state’s long-term care ombudsman, licensing agency, or Adult Protective Services at any time.
However, to seek compensation from negligent nursing homes or assisted living facilities, you must act within the statute of limitations that applies to your case.
How long do I have to file a wrongful death claim after a nursing home injury?
In most states, you have 2 or 3 years from the date of death to file a wrongful death lawsuit against a nursing home. If you wait too long, the statute of limitations could pass, and you won’t ever be able to file a wrongful death claim.
Because wrongful death laws vary by state and may be different from personal injury deadlines, it’s important to speak with a lawyer as soon as possible to protect your rights.
Call us right now at (855) 264-6310 to see if we can connect you with a top lawyer near you.
Can I file a lawsuit after the statute of limitations has passed?
You will not likely 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 nursing home negligence statutes of limitations has passed, a lawyer may be able to find exceptions that extend the time frame in your case.
