If a resident of a nursing home has faced abuse, they only have a certain amount of time in which they can actually file a legal complaint according to the statute of limitations. If they pass this time limit then their complaint will most likely not be taken seriously by the court.
In New Jersey, residents have up to two years after the abuse occurs to make a legal claim. However, there are certain cases in which an individual will be allowed to litigate even after the two-year mark. These cases are generally ones in which the resident was unaware of the abuse and only realized it recently. A nursing home abuse lawyer in Essex County, NJ can help a person determine if they will be eligible for litigation or not depending on their specific situation.
What if my nursing home abuse case involves a wrongful death?
If the family members of a deceased resident want to litigate against the wrongful death caused by a nursing home they also have up until two years after the death to take legal action. It is extremely important a person makes the claim within two years or they may completely lose the right to sue against the nursing home.
Wrongful death can occur in a nursing home due to a variety of different reasons including:
- Negligence by the doctor in giving medication
- Negligence by staff members in taking proper care of the resident’s nutrition
- Violence by other nursing home residents
- A resident falling badly due to improper cleaning and maintenance by the nursing home
If a person has had a relative pass away due to any of the above reasons they should start the litigation process as soon as possible so they can be compensated for their loss and also so they can compel the nursing home to change its infrastructure to prevent unfortunate cases like this from occurring again.
Multiple nursing home patients die in New Jersey after a viral infection
On November 1, 2018, 10 nursing home residents died due to an adenovirus infection going around the home. The nursing home facility had been investigated earlier and was seen to have mildewed flooring and leaking urinary drainage bags in the rooms of some residents.
If anyone has had their loved one pass away due to unsanitary conditions in the nursing home, they should definitely consider suing the facility.
It is always best to consult with a legal professional who is well-versed in the laws regarding elder abuse in order to ensure a person is putting their best case possible to get compensated for their loss. Filing a lawsuit for nursing home abuse can actually be very complicated and if a person wishes to extend their timeframe and they wish to file a lawsuit even after two years have passed they will definitely need the help of an attorney to figure out how this can be done and if it is even possible in their particular case.