Nursing Home Abuse Statute of Limitations
- May 14, 2018
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The statute of limitations set by the state legislature specifies time limitations for an individual to take legal action against the perpetrator or offender in civil law cases. If you want to file a nursing home abuse claim, you have to do it within the given time period, which is a 3 years period in the state of New York.
If you fail to do so during the given time period, you will no longer be allowed to file a case. This means you will not be able receive any compensation for your injuries and damages. However, if a nursing home abuse case falls under criminal law, as is the case with physical abuse, sexual abuse or wrongful death cases, the statute of limitations does not apply.
There are several reasons why there are statutes of limitations for nursing home abuse cases. A statute of limitations makes it possible for the court to maintain reasonable fairness with both the plaintiff and the defendant. The plaintiff is given a reasonable amount of time to build a case of abuse or neglect, to try and settle the case out of court or to find a lawyer before filing a claim. At the same time, it ensures that the time period will have no affect on the defendant when it comes to retaining witnesses and evidence.
There are certain exceptions to the statute of limitations if:
- The plaintiff is not in the mental or physical condition to file a claim due to injuries incurred from the abuse and neglect
- The injury from the abuse or neglect is recognizable only later. The statute of limitation period will then apply only from the time the plaintiff first knew or ought to have known about the outcome of the injury.
- The defendant is found guilty of fraudulent concealment or intentional misrepresentation of the case
Nursing abuse cases are best filed at the earliest possible. In common nursing home abuse cases that involve falls, bedsores, dementia or Alzheimer, it is difficult to determine when the statutes of limitation starts applying. Filing a claim early on keeps you on the safer side of the statutes of limitations.
Rockland Injury Lawyers, is one of the country’s largest personal injury law firms. With us by your side, you will have nursing home abuse lawyers ready to fight for you and your loved one. If you suspect someone you know has been a victim of nursing home abuse or neglect, it is important to get representation immediately. Fill out our free evaluation form today. Sometimes abuse and neglect to your elderly loved one in their nursing home may result in death. In these cases, It is important to contact our nursing home abuse attorney to receive the compensation you deserve. Call 845-709-8005 or email firstname.lastname@example.org.