Statute Of Limitations in Cherry Hill Nursing Home Abuse Cases
The statute of limitations in Cherry Hill nursing home abuse cases is generally two years from the date of the incident. That number can change depending on the circumstance of the case and in some instances, the person may not know that they are wronged immediately.
The person may not know that there was even a viable claim and at that point, there are arguments that can be made to toll that statute of limitations, and that is what is called the discovery rule. When the person discovers that negligence was committed, they have two years from that date. It is important to contact a distinguished nursing home abuse lawyer before filing your claim for damages.
Resolving a Nursing Home Abuse Case
The statute of limitations in Cherry Hill nursing home abuse cases is a complaint that would have to be filed with the civil court in the state of New Jersey or federal court depending on the circumstances of the case within those two years. Once that complaint is filed, then there are no issues on the statute of limitations, the case can take longer, and it doest not have to be resolved within that timeframe.
Discovery of Harm Rule
The statute of limitations in Cherry Hill is normally two years from the date of the incident. What the discovery rule says is that when a person discovers the harm, they may be able to toll that statute of limitations. If the negligence was committed but no one knew that it was committed until two or three months later. That discovery rule may make that statute of limitations when the person becomes aware of the negligence as opposed to when the negligence actually occurred. It is a way to extend that two-year statute.
Role of Claims Adjusters
It is recommended that clients do not have any conversations with claims adjusters during a nursing home abuse case statute of limitations. Claims adjusters are trained to take recorded statements, to limit the amount of information that they provide and are trained to settle cases for a lot less than what the fair value should be.
It is recommended that clients contact an attorney to deal with insurance adjusters. The attorney does it on a daily basis, and if the person is not familiar with how the claims process works and/or how the adjuster works, the person may say or do things that are going to hurt them down the road.
Contacting a Lawyer
Most families will contact a lawyer within the statute of limitations in Cherry Hill nursing home abuse cases because they want answers. They want to know why their loved one was harmed and whether it could have been avoided if there was negligence committed and if the treatment that was provided fell below the standard of care that should be provided in a nursing home. They want to hold people accountable.
The reason that they should contact a Cherry Hill nursing home abuse lawyer is so they can conduct an investigation and get those answers. Sometimes, the answer may be that negligence was not committed, but when the person is dealing with a loved one and especially a vulnerable population like the elderly, they need to hold the people accountable so that doesn’t happen again and they can provide answers and hopefully prevent this from happening to somebody else.