What is the statute of limitations for filing an injury claim stemming from elder abuse in Florida?
A statute of limitations is any “law that bars claims after a certain period of time passes after an injury” [Source: Cornell Law School]. Each state has its own statute of limitations set for filing a lawsuit stemming from nursing home abuse and the timeframe allotted to sue depends on a number of different things. In this article, we are going to explore Florida’s statute of limitations for filing a nursing home abuse lawsuit in Broward County and discuss who you can contact if you would like legal assistance with getting your suit filed correctly.
Filing a Personal Injury Lawsuit for Elder Abuse: What You Need to Know
If a nursing home staff member’s negligent behavior was responsible for your loved one’s injury, they hold the right to sue the facility for damages (i.e. pain and suffering, medical expenses, mental anguish, etc.). For example, if a staff member was physically abusive toward your loved one or their lack of assistance caused them to fall and fracture a bone, not only might they have a civil case against the home, but also a criminal one.
When a nursing home resident has the grounds to sue, meaning they have a legitimate claim (i.e. lawsuit) against the home, they must file it with the court within two years from the date of the injury or when the injury became known. Once two years have passed, a resident may no longer bring a claim against the facility unless there are circumstances that indicate the statute of limitations should be extended.
When would the statute of limitations be extended for filing a nursing home abuse claim?
Florida Statute §429.296 says that if “it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward [two] years from the time that the injury is discovered with the exercise of due diligence.” In the event such circumstances exist, a resident would then have four years to file their injury claim against the facility.
Who can I contact if my loved one suffered an injury in a nursing home on account of a worker’s negligent behavior?
If a family member of yours was injured by a nursing home worker in Coral Springs and you would like to help them file an injury lawsuit against the facility, a nursing home abuse attorney in Coral Springs, FL is the professional you want assisting them. Filing a lawsuit is a complex process and it is essential you have a legal representative guiding you through it so that your loved one increases their chances of securing a favorable outcome. If you have been assigned the role of power of attorney and you are looking to sue on your loved one’s behalf, we recommend you contact the Coral Springs nursing home abuse lawyers at Express Law today.
Express Law can be reached at:
2900 West Sample Road
Pompano Beach, FL 33073