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 alleged mistreatment. That number can change depending on the circumstance of the case, and in some instances, the resident may not know that they have been abused.
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 to file a civil claim for damages. It is important to contact a distinguished nursing home abuse attorney before filing your claim for damages.
Resolving a Nursing Home Abuse Case
The statute of limitations in Cherry Hill nursing home abuse cases is generally set at two years, with few exceptions. This two-year deadline only applies to filing a civil lawsuit. Once that complaint is filed, the case can take longer and does 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 of abuse in a nursing home. However, the discovery rule allows a person who discovers the harm after the nursing home abuse occurred to delay the toll of the statute of limitations. If the negligence was committed but no one knew about it until two or three months later, the discovery rule may begin the 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 the two-year filing deadlines.
Role of Claims Adjusters
It is recommended to avoid having any conversations with claims adjusters before a nursing home abuse case is filed. Claims adjusters are trained to take recorded statements, to limit the amount of information they provide, and to settle cases for a lot less than what the fair value should be.
It is advisable to contact an attorney to deal with insurance adjusters. The attorneys on our team do it on a daily basis, and if the person is not familiar with how the claims process works and/or how the adjuster works, they may say or do things that are going to hurt them down the road.
Contact a Cherry Hill Lawyer before the Statute of Limitations Runs Out
Most families will contact a lawyer within the statute of limitations for 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 they should contact a 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.