Statute of Limitations in West Palm Beach Nursing Home Neglect Cases
When you entrust your loved one to a nursing facility in West Palm Beach, you have every faith that they will be treated with respect, care, and kindness. While many nursing homes do just that, other facilities fall short of the standard of care they are expected to provide residents. If you are worried that your elderly loved one is suffering from nursing home abuse or neglect, you should know that the law has a specific deadline to file nursing home abuse cases.
There are many factors that can impact the statute of limitations in West Palm Beach nursing home neglect cases. If you believe you have a cause of action to file a nursing home abuse claim or there are concerns that the case may not be filed before the time limit expires, contact a nursing home attorney as soon as possible.
Statutory Deadline to Sue for Abuse or Neglect
The statute of limitations for West Palm Beach nursing home abuse cases is crucial because it indicates the final date by which a claim can be filed to recover compensation. If someone fails to submit their lawsuit against the nursing home by the appropriate deadline, they may forfeit their right to seek compensation.
Under Florida Statutes § 429.296, the general statute of limitations for a lawsuit alleging nursing home neglect or abuse is two years from the date that the resident is injured or harmed. When a resident is being mistreated, the injury may not be discovered for some time. Because of this, the statute also says that if the resident’s abusive situation is not brought to light right away, the two-year statutory period does not begin until the abuse is discovered.
However, regardless of the date that someone learns of the resident’s neglect or abuse, most nursing home lawsuits cannot be filed if more than four years have elapsed. This four-year deadline is called the statute of repose.
Exceptions to the Statute of Limitations in West Palm Beach
There are a few circumstances where the two-year statute of limitations or the four-year statute of repose for a West Palm Beach nursing home neglect case may be extended. If the nursing facility used fraud or deceit to conceal the abuse inflicted on the resident, the two-year filing period does not start until the abuse or neglect reasonably should have been discovered. In cases involving fraudulent or deceitful concealment of nursing home neglect, however, the statute of limitations cannot extend for a period longer than six years from when the abuse occurred.
Contact an Attorney About Your West Palm Beach Nursing Home Neglect Case
If you have questions about your right to file a nursing home abuse claim and the deadline for your prospective case, it is in your best interest to consult with a knowledgeable attorney. The statute of limitations in a West Palm Beach nursing home neglect case is complicated and may depend on the facts involved in someone’s specific situation.
A personal injury lawyer experienced in handling cases involving nursing home abuse and neglect can evaluate the factors of your potential claim and help you determine whether you have grounds to file suit. Contact a West Palm Beach attorney today to schedule your confidential case review.