Statutes of limitations are imposed in order to better ensure that the facts of the case will be presented and recalled more accurately. In Florida, a claim must be filed within 2 years of the incident date, or of when the abuse occurred. There is an exception to this, however. If fraudulent action was taken to cover or conceal the abuse and neglect that happened, then a claim can be filed within 2 years of the discovery date of the abuse, as long as the abuse did not occur more than 6 years ago.
What Damages Might Be Available To Someone Who Is A Victim Of Nursing Home Negligence?
There are several different types of damages that a victim of nursing home negligence can recover. For one, they can receive compensation for the injuries they have sustained to pay their medical bills. They can also recover monies for “intangible” damages such as pain and suffering, disability or disfigurement, loss of the enjoyment of life, and mental anguish. If he victim had any earning potential, they can also recover damages for lost wages and earnings. If a loved one is unfortunately the victim of wrongful death in these cases, there are recovery options for that as well.
Can I Represent A Loved One In A Nursing Home Negligence Case If He / She Isn’t Able To Represent Him or Herself?
There are a few different ways that someone can bring about a nursing home abuse claim against a facility. One, if you are the person who suffered injuries and damages as a result of the neglect; two, if you are the legal guardian of the person who suffered injuries and damages as a result and the neglect; and three, if you are the personal representative of the estate of the person who suffered the damages.
What Steps Should Someone Take If They Suspect They Or a Loved One Are A Victim Of Nursing Home Negligence?
The first step to take if you or a loved one is incurring abuse in a nursing home is to attend to the physical and mental needs of the victim. Appropriate care will be necessary to correct any injuries that may have been sustained as a result of the neglect.
The next step would be to contact the facility manager to find out what happened. A thorough investigation will need to take place to see what abuse may have occurred. If it is found that abuse has in fact taken place, you may want to pull your loved one from the facility immediately and find them new care.
Lastly, you should contact a lawyer who is well-versed in these types of cases. They will be able to advise you on what the next legal course of action should be, and aid you every step of the way.
How Can An Experienced Attorney Help Me In My Nursing Home Negligence Case?
It is essential that you contact an experienced attorney if you suspect that you or your loved one is a victim of nursing home abuse or neglect. A well-informed nursing home abuse and negligence lawyer can help you protect your loved one’s legal and civil rights. Your attorney can help gather evidence and witness testimonials, as well as advise you what the next action steps should be. They will aid you during every step of your claim.
For more information on Statute Of Limitations, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 800-835-5762 & 954-456-2488 today.