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How soon should you file for damages for nursing home injuries?

On Behalf of | Nov 9, 2022 | Nursing Home Abuse

Nursing homes and other special care facilities offer invaluable care to our loved ones during their sunset years. But what happens when your loved one sustains injuries, contracts a disease or dies due to the facility’s negligence?

If you believe that someone you love is a victim of nursing home abuse, you may need to know how to seek compensation for the damages. However, like in any legal matter, you need to file your claim within the statute of limitations period. Here’s what you should know:

Statute of limitations for a private facility

Generally, victims of nursing home neglect or abuse have up to two years to seek damages in Florida. If the damages are not immediately apparent, then the statute of limitations will begin to run from the date the abuse or evidence of the abuse was reasonably discovered. 

In this case, the statute of response is four years. This means that you cannot file a claim more than four years after the discovery. 

However, as with most statutes, there are a number of exceptions to Florida’s statute of limitations for nursing home claims. Here are some of these exceptions:

  • When the defendant intentionally conceals or facts or withholds crucial evidence
  • When the injuries resulting from the abuse took a long time to manifest
  • When the victim’s injuries resulted in physical or mental incapacity and, thus, could not file a claim

Statute of limitations for a government entity

If the abuse happened while your loved one was in a government-run facility, then you will need to act much faster. Generally, the process starts by filing a notice of claim with the relevant agency. 

Thereafter, the agency will carry out an investigation within six months before deciding to approve or deny your claim. If the agency denies your claim, then you may file a lawsuit, assuming the statute of limitations hasn’t run out. 

If your loved one is hurt or succumbs to injuries that are attributable to nursing home abuse or negligence, you may have grounds for holding the facility liable. You may need to find out how you can safeguard your rights and interests while pursuing a nursing home abuse claim in Florida.