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How Much Time Do You Have to File A Nursing Home Abuse Lawsuit in NY?

how much time do you have to file a nursing home abuse lawsuit nyNo one deserves to be abused, neglected, or victimized. Unfortunately, reports of elder abuse continue to rise around the world—yet there is not much being done to protect our elder population. While more and more public health agencies are spreading awareness of nursing home abuse, it’s still regularly occurring. It’s a devastating problem that deserves more attention by everyone in the community. 

Sadly, the warning signs of nursing home abuse are usually ignored, resulting in unreported cases and letting guilty parties get away with their negligent actions. As the world’s older population drastically grows, we must do what’s necessary to shield them from harm. 

Statute of Limitations on Nursing Home Abuse Lawsuits in NY  

The state of New York has the fourth largest elder population in the United States, with over 19,542 people aged 65 and over. Due to the size of the elderly population in NY, it is inevitable that the number of nursing home abuse cases increases each year. Fortunately, New York law allows victims and their surviving family members to file a lawsuit in pursuit of financial compensation. Whether your loved one is a victim of sexual, financial, physical, or emotional abuse, you must act diligently and in accordance with the statute of limitations. 

Statutes of limitations are laws that establish a specific time frame in which legal proceedings may be brought against a party. The statute of limitations in place for nursing home abuse vary depending on the type and severity of the crime. In New York, some of the most common lawsuits that nursing home abuse victims or their surviving family members file and their time limits include: 


  • Personal injury: 3 years
  • Wrongful death: 2 years
  • Theft: 2–5 years
  • Medical malpractice: 2 years and 6 months 
  • Emotional distress (negligent): 3 years  
  • Emotional distress (intentional): 1 year 


If your case is not filed within that period, then you risk being barred from obtaining compensation for your losses. If you suspect any form of negligence, it is critical that you report it right away. 

How Nursing Home Abuse Lawyers Can Help

Lawsuits are not easy, but that doesn’t mean you should let nursing homes or caregivers get away with the harm they’ve caused. It may be possible that you have lawsuits against more than one defendant, or you may be pursuing compensation for the pain and suffering you or your loved one has endured. Due to the limited time you have to file a lawsuit and the intricacies involved, it would be in your best interest to hire a nursing home abuse attorney who is an expert in this area of law.  

Nursing home abuse attorneys can do more than help you or a loved one understand your legal options and rights. They can also: 


  • Collect information and evidence pertaining to abuse 
  • File the lawsuit and notify all defendants 
  • Navigate local, state, and federal laws 
  • Negotiate a fair financial payout 
  • Pursue your case in trial 
  • Protect your rights and interests 


An efficient legal team will handle all legal aspects of your case so you and your family can concentrate on healing. They will also prioritize communication with you and your family to ensure you are up-to-date and informed about the status of your case. 

Act Now Against Nursing Home Abuse with High-Quality Representation 

It’s a shame that we must worry about the safety of our loved ones when they are supposed to be properly cared for by their caregivers and nursing homes. If you or a loved one has endured neglect or abuse in a nursing home, the nursing home abuse attorneys at Dalli & Marino, LLP are here to help you navigate the path forward. 

At Dalli & Marino, our NY trial attorneys will handle your case with integrity, care, and professionalism and will not hesitate to go the extra mile to accomplish positive results. We have been one of New York’s most respected and accomplished nursing home abuse law firms since 1996, and we measure our success where it matters most—through our substantial verdicts and settlements. Call 888-465-8790, or complete our contact form for a free case evaluation.

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