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  • Writer's pictureLeitner Varughese Warywoda

How Long do I Have to File a Nursing Home Abuse Lawsuit?

When you have a loved one in a nursing home, it is common to worry about that person’s health and well-being. While many nursing homes and assisted-living facilities in New York do provide residents with a high quality of care and many seniors thrive in these facilities, there are also many spaces in which older adults suffer avoidable injuries as a result of nursing home abuse and neglect. Indeed, the National Council on Aging(NCOA) reports that about 10% of Americans who are aged 60 and older have already experienced some type of abuse or neglect, whether it was in a facility or was elder abuse perpetrated by a home caregiver. The NCOA also indicates that elder abuse injuries are likely underreported, with only about one out of every 14 victims reporting abuse.

If an elderly loved one sustains injuries at a nursing home in New York, how much time do you have to start the process of filing a nursing home abuse lawsuit? The answer to that question is that it depends largely on whether the senior survived the injuries or ultimately died as a result of those preventable injuries. Let us explain in more detail.

Filing a Personal Injury Lawsuit Because of Nursing Home Negligence

If the senior who suffered injuries caused by nursing home abuse or neglect survived the incident, then that senior will need to file a personal injury lawsuit. If that senior is incapacitated, his or her guardian, or a person with power of attorney, may be able to file the lawsuit instead. Generally speaking, however, the injured senior will be the party seeking compensation through a personal injury lawsuit. Under New York law, most nursing home abuse injury cases must be filed within three years from the date of the incident.

The clock will start to tick on the date of the incident in which the nursing home resident suffered injuries. If a personal injury lawsuit is not filed within three years from that date, the claim can become a time-barred lawsuit and the injury victim may have no other options for recovery.

Learning About the Injury and Determining the Date of the Incident

With injury lawsuits tied to nursing home negligence, it can be difficult to pin down the exact date of the incident, especially if the injured senior has memory issues or a cognitive impairment. It will be important to work with a New York nursing home negligence lawyer who can gather evidence necessary for the case.

Wrongful Death Claims After Nursing Home Abuse

If an elderly patient dies as a result of nursing home negligence, then the personal representative of the estate will need to file a claim. The timetable is different for a wrongful death lawsuit. While an injury plaintiff has three years from the date of injury to file a lawsuit, New York wrongful death law requires a plaintiff to file a lawsuit within two years from the date of death. The time window for the clock is shorter, but it does not begin ticking until the date of death (as opposed to the date of the injury).

Contact a New York Nursing Home Negligence Lawyer

Do you have questions about the timing for a nursing home abuse claim? A New York nursing home negligence attorney at our firm can help. Contact Leitner Varughese, PLLC for more information about filing a lawsuit.


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