Nursing homes and other special care facilities are required to adhere to federal and state rules and regulations. These laws were set in place to protect residents from various forms of abuse and neglect. They also impose harsh penalties onto facilities if they disregard these laws and fail to provide the necessary standard of care that is expected.
Whether you or a loved one was the victim of nursing home abuse, it is important to understand your legal rights and what is required on your part to hold the at-fault party liable for your damages. If you plan to file a nursing home liability claim against the wrongdoer(s), one of the most crucial steps is knowing the statute of limitations for your particular situation. Having a licensed attorney review your claim is highly recommended if you wish to pursue the full and fair amount of compensation you may legally deserve.
Frankl Kominsky Injury Lawyers offer free initial consultations to victims of nursing home abuse and/or neglect. Our compassionate lawyers understand that victims of abuse and their loved ones can sometimes suffer physically, emotionally, and financially. If your nursing home liability claim has merit, our team of legal professionals may be able to help you hold the at-fault party responsible for damages related to the abuse, such as medical costs, physical pain, emotional suffering, property damage, loss of consortium, and loss of enjoyment of life.
Read on to learn more about the Florida statute of limitations in a nursing home liability claim, along with some helpful tips to help increase your chances of having a successful outcome for your case. While you may think you can handle your claim on your own, nursing home abuse victims usually win larger settlement amounts when they hire a licensed attorney for experienced legal representation.
What is the Statute of Limitations in Florida?
The Florida statute of limitations is the deadline for which a personal injury claim must be filed to pursue financial damages. Although most personal injury claims may be due within four years, nursing home liability claims must be filed within two years, depending on the details of your particular situation.
If your abuse and/or neglect case is against a government official or agency, you may be required to file much sooner than the two-year period. On the other hand, if you discovered the effects of the abuse at a later date, the statute of limitations could be paused or extended up to a maximum of four years.
If it is suspected that the nursing home facility and its caretakers were trying to hide or manipulate evidence related to the incident, the statute of limitations could be paused and extended for a period of up to six years maximum, depending on the circumstances.
If the abuse and/or neglect resulted in a fatality, you may need to file a wrongful death claim, which is usually due within two years, depending on the details. Surviving family members could hold the at-fault party liable for funeral and burial costs, medical expenses leading up to the death, physical pain, mental and emotional suffering, loss of future income, and other financial losses related to the death.
However, if you end up filing after the due date, the court could deny your claim and you will not be able to pursue compensation for your damages. If your claim is valid, discussing your situation with a licensed attorney from our firm could help you determine the correct statute of limitations for your nursing home liability claim.
Abuse and Neglect is Not Limited to Nursing Homes
Although most abuse and neglect incidents in Florida tend to take place at nursing home facilities, this type of negligent behavior can occur in almost any setting. Here are some other common places where this type of behavior tends to occur:
- Dance studios
- Public restrooms
- Government-owned buildings; and
- At the victim’s home
Sadly, incidents of abuse and neglect often take place inside the victim’s home. These kinds of incidents can occur while under the care of someone’s own family member(s) or other caretaker(s), such as visiting nurses, therapists, and/or other healthcare workers.
Sometimes, the victim may feel embarrassed, intimidated, or scared to speak up, in fear that it may worsen the situation. However, nursing home staff members and other caretakers are legally required to provide a certain standard of care to help keep residents safe and healthy.
Mental and Emotional Abuse and Neglect
While obvious signs of physical abuse may be easy to identify, oftentimes victims can suffer from mental trauma and emotional suffering brought on by their caretakers. Some caretakers have been known to belittle, berate, threaten, and even ignore nursing home residents who may legitimately need their help.
Some common signs of nursing home neglect may include:
- Unexplained bed sores
- Drastic and sudden weight changes
- Poor living conditions
- Dirty clothing and bed sheets
- Poor hygiene
- Loss of appetite
- Unusual antisocial behavior
If you or your loved one was the victim of psychological abuse or neglect, you may be able to hold the at-fault caretaker and facility liable for your damages. While mental abuse and neglect could be difficult to prove, we recommend discussing your situation with a qualified attorney to help build a strong case in your favor.
If you suspect someone is the victim of abuse and/or neglect, we recommend calling 9-1-1 and reporting it to the police. You can also call the Federal Agency for Healthcare Administration at 1-800-962-2873 (for suspected mistreatment in a nursing home) or call 1-800-453-5145 (for suspected elder treatment at home).
Act Fast to Seek the Compensation You May Deserve
Two years seems like a long time, however, it is important to have ample time to have a licensed lawyer investigate your claim. If you wait too long and file your claim later, your lawyer may not have access to gather the evidence needed to prove your nursing home liability claim. In other words, the earlier you file your nursing home liability claim, the more time you will give your lawyer to gather the necessary evidence to help build a strong case in your favor.
This is why the knowledgeable staff of Frankl Kominsky Injury Lawyers can be contacted any time of the day, 24/7, by calling (561) 567-0298. You can also fill out a free online form to get started. Our knowledgeable and friendly staff of legal professionals is standing by to answer any legal questions you may have regarding your nursing home liability claim.
Our firm has more than four decades of combined legal experience, while obtaining over $100,000,000 in successful verdicts and settlements on behalf of our past clientele. We have handled more than 6,000 cases combined while receiving more than 600-plus, five-star reviews.
Our reputable attorneys are dedicated to helping victims of abuse and neglect in Boynton Beach and throughout the state of Florida (by appointment only). If you have a viable claim, we can help you hold negligent caretakers and the nursing home facility responsible for your physical and psychological damages. Stand up for your legal rights to stop the abuse and receive the quality care you deserve.
Call Frankl Kominsky Injury Lawyers today at (561) 800-8000 or chat with one of our online representatives.