How Long Do You Have To File A Nursing Home Abuse Claim?
Watch this video by dedicated Buffalo nursing home abuse attorney Timothy Hiller, Esq. as he explains how long you have to file a nursing home abuse claim.
How long do you have to file a nursing home abuse claim? The long and the short answer is you have about three years from the date the nursing home abuse took place to file the claim. However, sometimes people come to me, and those three years have passed. There are various ways under the law where we can try to get that extended. I’ll just give a quick example.
During the COVID pandemic, Governor Cuomo passed a law that suspended the statute of limitations for a brief period for all litigants. We had an individual come to our office, and the three years to file a nursing home abuse claim expired. We were successful in arguing that because the statute of limitations had been suspended briefly during COVID, this claim was still timely. There are various other ways that the statute of limitations can get extended. So if your loved one has been a victim of nursing home abuse and it’s been a while, you may be thinking, well, it’s too late. Don’t assume that before you talk to an attorney.
The other thing you need to be aware of, although it’s less common. If your loved one was placed in a state or county-run nursing home facility, the statute of limitations may be much shorter, as short as 90 days, to put them on notice of your claim. Obviously, if you think that the nursing home may be run by a city, state, or county, you need to call us immediately so we can put the nursing home on proper notice.
Signs of Nursing Home Neglect
Before you can report neglect of your loved one, you must have evidence that it occurred or is occurring. Some signs that suggest the nursing home is neglecting your loved one include if your loved one:
- Appears disheveled, unclean, or has an unusual body odor
- Develops bed sores or other skin infections
- Has not had their clothes changed regularly or has dirty sheets
- Complains of frequent hunger or thirst
- Is not compliant with their medications
Additionally, if your loved one directly states that they feel neglected by the nursing home staff, you should take such complaints seriously. Acting quickly on these statements can help them avoid suffering further harm.
Speaking with a Nursing Home Neglect Lawyer Early Is Crucial
When you suspect nursing home neglect, you might consider talking first with the head of the facility. The nursing home administrator could quickly discipline the responsible employee and take remedial action to improve your loved one’s care and quality of life.
Another resource available to you is Adult Protective Services. This division of New York’s Office of Children and Family Services investigates allegations of abuse and neglect committed against vulnerable adults. Adult Protective Services can also take specific legal actions to protect a vulnerable adult, such as seeking protective orders.
As beneficial as these steps may be, they are no substitute for speaking right away with a New York nursing home neglect lawyer. Your attorney can pursue many of the same investigative and legal steps as Adult Protective Services. Additionally, your lawyer can follow up with the nursing home to ensure any agreed-to remedial actions occur.
Retaining legal counsel quickly increases the likelihood that crucial evidence of neglect will remain available. By involving legal counsel early, you may also resolve the neglect more quickly, thereby minimizing the harm to your loved one.
If you or a loved one was injured in a nursing home in New York, you may be entitled to compensation. At Hiller Comerford Injury & Disability Law, PLLC, we have successfully helped thousands of clients protect their rights and maximize their compensation after suffering a personal injury. Contact us today for a free consultation with our experienced Buffalo injury lawyers.
