Is there a time limit on when I can file a lawsuit for nursing home abuse or neglect?

If a loved one was injured by abuse or neglect at a nursing home, you should not delay speaking with an attorney. There are important deadlines to take action that may apply to your situation.

As with most other types of claims, there is a statute of limitations that applies to lawsuits over nursing home abuse and neglect. In Florida, residents of nursing homes are guaranteed certain rights, and a lawsuit may be filed if the violation of these rights causes injury. Florida Statute 429.296 sets the statute of limitations for this type of lawsuit. The time limit is two years from the time of the incident that caused the injury, or two years from when the incident was discovered or should have been discovered with due diligence. However, a lawsuit cannot be filed later than four years after the incident. If there was intentional misrepresentation or fraudulent concealment that prevented the incident from being discovered, then the statute of limitations can be extended forward two years from discovery, but not later than six years after the incident.

Depending on the circumstances of your case, other limitations may apply, and there may be other reasons why it is important to act quickly, so you should not delay consulting with an attorney in any case. Call Joyce & Reyes for a free consultation.

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