The statute of limitations in Palm Beach Gardens nursing home abuse cases is two years. If somebody passes away as a result of their injuries, then it is a two-year statute of limitations under the wrongful death act. In the medical malpractice context or nursing home context, there is also a two-year statute of limitations. For more information on the statute of limitations in Palm Beach Gardens nursing home cases, get in touch with a knowledgeable attorney today.
How is the Statute of Limitations Calculated in Palm Beach Gardens?
The statute of limitation is calculated from the date of the neglect or the date that the neglect was reasonably discovered. For example, the medical records may document that a patient fell in the nursing home and fractured a bone. The statute could start to run from the date when the injury occurred.
If, however, there is an allegation of sexual abuse where it has been occurring over a period of time but it is not discovered until six months to a year later, the statute may begin to run from the date that the negligence was first discovered. That is an issue in these nursing home cases because they are dealing with patients suffering from dementia and often, it is the family member who discovers the abuse long after the abuse first begin.
Definition of Discovery of Harm Rule?
The discovery of harm rule relates to discovering when the harm occurred. For example, for broken bones, an attorney can examine medical records. However, if a person has a sexual abuse case, they may not discover it until months later and that is when the statute of limitations will begin to run.
Preventing Claim Adjusters from Exploiting Unrepresented Claimants
The best way to make sure that a claimant is not taken advantage of is to make sure they have an attorney on board who is familiar with Florida law. Adjusters working for an insurance company could solely be focused on saving the insurance company money. Adjusters could do this by paying out less than what the claim is worth. In some cases, the claimant may need to file a lawsuit to get it out of the adjuster’s hand and into the litigation adjuster’s hand or they need an attorney involved.
Contacting a Palm Beach Gardens Nursing Home Abuse Lawyer
A person who has been abused, or the family member of a nursing home abuse victim, should contact a Palm Beach Gardens nursing home abuse lawyer because they need to hold these facilities accountable. When people turn a blind eye to this abuse, it just enables the behavior. However, a claim should be filed within the statute of limitations in Palm Beach Gardens nursing home cases in order for an injury to be effective. If you are worried that your claim may have fallen out of the statute of limitations, schedule a consultation with an experienced attorney today.