There are strict deadlines for filing nursing home abuse and neglect lawsuits in the state of New York. These deadlines are prescribed in the statutes of limitations. Regardless of the deadline that applies to your particular case, it is critical that you reach out to an attorney immediately to initiate the proceedings because valuable evidence may be time-sensitive, and if you try to bring your case to court after the statute of limitations has passed, it will almost certainly be dismissed.
Read on to learn about the deadlines that apply to various kinds of nursing home abuse and neglect lawsuits filed in New York:
Nursing Home Abuse and Neglect Cases Not Involving Medical Malpractice
The typical statute of limitations for personal injury lawsuits in New York is three years from the date of injury. Under some circumstances, the clock doesn't start ticking until the cause of action is discovered or should have been discovered. This is called the "Discovery Rule."
Nursing Home Medical Malpractice Cases
The statute of limitations for most medical malpractice lawsuits is 30 months from the date of the malpractice. The Discovery Rule also applies to medical malpractice lawsuits. If a foreign object was left inside the victim, the statute of limitations is one year from the date the object was discovered or should have been discovered.
Nursing Home Wrongful Death Cases
There are two types of action that may be brought after a wrongful death: a wrongful death claim and a “pain and suffering” claim. Each action has a different statute of limitations. The deadline for bringing a wrongful death claim to court is usually two years from the date of death. The deadline for bringing a pain and suffering claim to court is usually three years from the date of the negligent conduct or the accident that led to the death, or up to one year from the date of death—whichever time limit provides the most time.
Lawsuits Against Government Entities
There are many exceptions to the deadlines discussed above. One such exception applies to lawsuits against government entities. If a nursing home resident suffers abuse or neglect in a government-run facility, a Notice of Claim must be filed within 90 days of the incident, and the lawsuit must be filed within one year and 90 days from the date the cause of action accrued.
Schedule a Free Consultation with a Nursing Home Abuse Lawyer in New York
The easiest way to find out which statute of limitations applies to your particular case is to speak with a nursing home abuse attorney. At Leitner Varughese, we can review your case for free, answer any questions you have about the proceedings, and help you make informed decisions. You won’t have to pay anything for the consultation, and we accept nursing home abuse and neglect cases on a contingency fee basis. To speak with a member of our team, call 855-585-2969 or send us a message via our Contact Form.
