Nursing Home Abuse Statute of Limitations

Nursing home statutes of limitations are state laws that limit how long someone has to file a lawsuit for abuse or neglect in a long-term care facility. The nursing home abuse statute of limitations ranges from 1 to 6 years. Get a free case review now to see if we can connect you with an experienced nursing home lawyer who can make sure your case is filed in time.

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Julie Rivers

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What Is a Nursing Home Abuse Statute of Limitations?

You may be able to take legal action for nursing home abuse and neglect, but you only have a limited amount of time to file a claim due to laws called statutes of limitations.

The nursing home abuse statute of limitations is between 1 and 6 years, depending on the state. In most states, residents have 2 or 3 years to file a nursing home personal injury case. These deadlines may be shorter for nursing home wrongful death lawsuits.

In most cases, the clock starts to run when you discover the injury or on the date a loved one passes away due to an incident of neglect.

The best way to ensure your lawsuit is filed in time is to contact a nursing home neglect lawyer as soon as possible. An attorney can take quick action to protect your legal rights and fight for the compensation you deserve.

Once this deadline passes, you won’t be able to pursue a nursing home lawsuit settlement or hold a negligent facility accountable for its actions.

LawFirm.com works with lawyers across the country who have secured over $273 million for families impacted by nursing home abuse. They are knowledgeable about the nursing home abuse statute of limitations in all 50 states.

Don’t delay: Get a free case review to see if they can help you or a loved one pursue justice.

Why Is There a Statute of Limitations on Nursing Home Neglect and Abuse?

Nursing home abuse statutes of limitations play an important role in protecting people’s legal rights. Limiting how long someone has to file a lawsuit for nursing home abuse ensures that enough evidence will still be available to build a case.

If too much time passes, witnesses may not correctly remember the events of a case and some may even pass away. This is very true in cases of nursing home abuse, as victims and witnesses are often older people.

Evidence may also get moved, cleaned up, destroyed, or otherwise lost as time goes on.

Nursing home abuse statute of limitations ensure that all parties have a fair shot at justice.

Nursing Home Negligence Statute of Limitations by State

Below are nursing home negligence statutes of limitations that apply to personal injury claims for every state and Washington, D.C., which can provide you with a general idea of how long you have to take legal action.

Personal Injury Nursing Home Abuse Statute of Limitations by State (2024):

StateTime Limit
Alabama2 years
Alaska2 years
Arizona2 years
Arkansas3 years
California2 years
Colorado2 years
Connecticut2 years
Delaware2 years
Florida2 years
Georgia2 years
Hawaii2 years
Idaho2 years
Illinois2 years
Indiana2 years
Iowa2 years
Kansas2 years
Kentucky1 year
Louisiana1 year
Maine6 years
Maryland3 years
Massachusetts3 years
Michigan3 years
Minnesota6 years
Mississippi3 years
Missouri5 years
Montana3 years
Nebraska4 years
Nevada2 years
New Hampshire3 years
New Jersey2 years
New Mexico3 years
New York3 years
North Carolina3 years
North Dakota6 years
Ohio2 years
Oklahoma2 years
Oregon2 years
Pennsylvania2 years
Rhode Island3 years
South Carolina3 years
South Dakota3 years
Tennessee1 year
Texas2 years
Utah4 years
Vermont3 years
Virginia2 years
Washington3 years
Washington, D.C.3 years
West Virginia2 years
Wisconsin3 years
Wyoming4 years

Note: Nursing home neglect statute of limitations are subject to change.

A nursing home abuse lawyer can explain the statute of limitation that applies to your case and file a lawsuit on your behalf while there’s still time.

Call (888) 726-9160 right now to see if we can connect you with a top attorney.

Exceptions to Nursing Home Neglect Statute of Limitations

The statute of limitations on nursing home neglect and abuse is not always set in stone. There may be exceptions that allow you to file a claim, even if the deadline has passed. Learn more about some of these exceptions below.

Discovery Rule

Some states base their nursing home abuse statute of limitations on the day you learned an injury or death was related to nursing home abuse (discovery date), rather than the day the incident occurred.

This is helpful as you may not know how a loved one was hurt until more time has passed.

Many states have provisions in their nursing home abuse statute of limitations that provide claimants with more time to file due to the discovery rule.

Wrongful Death

In some states, the nursing home neglect statute of limitations for personal injury cases is different than in wrongful death cases.

For example, the statute of limitations for wrongful death lawsuits in Florida is 2 years. However, people have 4 years to file a nursing home lawsuit for personal injury.

That said, it’s still in your best interest to file a nursing home lawsuit as soon as possible. This will help you avoid complications that could prevent you from receiving the compensation you deserve.

Medical Malpractice

Some cases of nursing home neglect that put residents in danger may be considered medical malpractice.

Examples of nursing home medical malpractice include:

In these cases, a nursing home abuse lawsuit may be filed as a medical malpractice claim, which may have different statutes of limitations than general personal injury claims.

California’s statute of limitations on medical malpractice claims is 3 years after the incident occurs or 1 year after it was discovered. However, the statute on personal injury claims is 2 years.

Other Exceptions

Additional exceptions may apply to a nursing home abuse statute of limitations.

A nursing home abuse statute of limitations may be extended if:

  • Injuries from the abuse didn’t appear until later
  • Those being sued (the defendants) intentionally concealed evidence or facts
  • Victims couldn’t sue due to physical or mental injuries caused by abuse or neglect
  • Other state laws or special scenarios apply

Personal injury lawyers who specialize in nursing home abuse lawsuits can see if any exceptions apply in your case.

Get a free case review now to see if a top nursing home abuse lawyer may be able to help your family get justice.

File Your Lawsuit Within the Nursing Home Neglect Statute of Limitations

Assisted living facilities have a duty to keep nursing home residents safe. If you or a family member was harmed while living in a nursing home, you may be able to take legal action to pursue the justice you deserve.

LawFirm.com works with top nursing home law firms that have secured over $273 million for victims of nursing home abuse and neglect nationwide.

Our legal partners have the experience and resources to file nursing home abuse lawsuits quickly in all 50 states, and they never charge any upfront or out-of-pocket fees.

Call (888) 726-9160 right now or fill out our contact form. If you wait too long, you may miss your chance to get the justice and compensation you deserve.

Statute of Limitations for Nursing Home Abuse FAQs

What is the statute of limitations for nursing home abuse?

The nursing home abuse statute of limitations is 1 to 6 years, depending on the state.

Get a free case evaluation now to see if a top attorney can help you take legal action while there’s still time.

How long do you have to sue a nursing home?

You have between 1 and 6 years to sue a nursing home for neglect or elder abuse. The exact time frame in your case depends on the laws in the state where the incident occurred.

These laws, known as nursing home abuse statutes of limitations, have strict rules that must be followed in order for your lawsuit to be recognized by a court of law.

What can I do if the nursing home neglect statute of limitations has passed in my case?

If you think the nursing home neglect statute of limitations has expired, check with an experienced nursing home abuse attorney.

A lawyer can review the facts of your negligence case, verify the filing deadline, and see if any exceptions may apply that would give you more time to take legal action.

When does the nursing home neglect statute of limitations begin in my case?

Nursing home negligence statutes of limitations typically begin when the injury or death occurred or is discovered. Work with a nursing home abuse law firm to get a better idea of when the statutes of limitations begin in your case.

Most states have a time limit of 3 years or less. For best results, file your negligence claim as soon as possible after your loved one’s death or injury.

Julie Rivers

Fact-Checked and Legally Reviewed by: Julie RiversEldercare Advocate

  • Editor

Julie Rivers is a dedicated eldercare advocate with over 15 years of experience in nursing home neglect and abuse cases. Inspired by her mother’s battle with Alzheimer’s, she blends legal expertise and personal passion to support victims. An MBA graduate and active Alzheimer’s Association volunteer, Julie fights for better eldercare policies and justice for affected families.

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  1. Britannica. (2024, April 10). “statute of limitations.” Retrieved May 15, 2024, from https://www.britannica.com/topic/statute-of-limitations
  2. Cornell Law School. “statute of limitations.” Retrieved May 15, 2024, from https://www.law.cornell.edu/wex/statute_of_limitations
  3. Nursing Home Abuse Center. (2024, March 15). “Nursing Home Negligence Statute of Limitations.” Retrieved May 15, 2024, from https://www.nursinghomeabusecenter.com/legal/statute-limitations/
  4. Sokolove Law. (2024, May 10). “Nursing Home Abuse Lawsuit.” Retrieved May 15, 2024, from https://www.sokolovelaw.com/nursing-home-abuse/lawsuit/
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