How long does it take to resolve a Florida nursing home negligence claim?

It is difficult to answer a question like this since every case is different and each case, depending upon various issues, could take shorter or longer to resolve. For example, in some cases where the nursing home staff is clearly negligent and at fault, the nursing home might want to settle the case quickly. However, in other cases where the nursing home has decided to fight the negligence claim, then the case might go all the way to a jury trial. In this instance, the case could take several years to get all the way to a jury decision.

The statute of limitations for Florida nursing home negligence cases is two years. This means that if a resident was injured somehow by a nursing home, then a lawsuit has to be filed within two years or the resident will forever be barred from seeking recourse for their injuries. However, there are some exceptions to this two year rule. There are three starting points when the clock starts ticking on the two year statute of limitations:

  • When the harmful incident occurred;
  • When the victim or the victim’s representatives learned that an existing injury was caused by a specific incident;
  • When the victim or the victim’s family should have reasonably been aware that a specific incident was the cause of the victim’s injury;

There is one other exception to when the two year statute of limitations on nursing home abuse or neglect cases may be extended. This occurs in cases where intentional misrepresentation or fraudulent concealment prevents victims and their families from discovering a wrongful incident. When this occurs, the statute of limitations typically extends to four years. In no event can the statute of limitations be extended past six years.

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