If your loved one has been the victim of abuse or neglect at their nursing home facility, it’s essential to take legal action in a timely manner. In fact, you can only pursue a claim within New York’s statute of limitations, which is three years. Understanding the statute of limitations on your own can be challenging, which is why it’s best to work with a trusted nursing home lawyer to ensure your case is filed on time. Here is some key information to know about the statute of limitations for nursing home abuse claims in New York
What to Know About the Statutes of Limitations in New York
Statutes of limitations are laws that set legal limits on the amount of time a person has to take legal action after an event takes place. Statutes of limitations are implemented by state governments and apply to a wide range of cases, such as personal injury, criminal cases, medical malpractice, and nursing home claims. In New York, the statute of limitations to file a nursing home claim is three years.
Once the statute of limitations expires, you may not be able to pursue legal compensation against your loved one’s nursing home. While there can be some exceptions to this, you are typically unable to file a claim once the statute of limitations has expired. This makes it essential to take legal action and file a nursing home neglect or abuse lawsuit as soon as possible. Additionally, the longer you wait to pursue legal action, the more challenging it can be to collect the necessary evidence needed to support your claim.
If your loved one is experiencing neglect or abuse at their long-term care facility, the best thing you can do is contact a nursing home attorney as soon as possible. A nursing home attorney will ensure that your case is filed within New York’s statute of limitations and that the necessary supporting evidence is collected to create a strong case.
Why Does a Statute of Limitations Exist in New York?
Ultimately, statutes of limitations exist to keep a case relatively fair for both defendants and plaintiffs. On one hand, the statute of limitations encourages plaintiffs to build and file their case when they have enough time after an event to clearly establish the facts and collect evidence that may be time sensitive. On the other hand, these limits prevent lawsuits from being filed decades after an incident to prevent scenarios in which defendants can’t gather accurate witness statements or evidence to build their counterclaim.
Additionally, if decades go by after an event has taken place, it can call into question witness statements, as they may not fully remember the details of the event years later. This is especially pertinent in elder abuse claims, as victims may have conditions that affect their memory. The best way to set yourself up for success in elder abuse claims is to work with a trusted lawyer as soon as possible.
Call an Expert Nursing Home Abuse Lawyer in New York City
If you believe that one of your loved ones is being abused or neglected at their nursing home or long-term care facility, it’s essential to seek prompt legal action. At Dalli & Marino, our team of experienced nursing home abuse lawyers has a deep grasp of New York regulations and government healthcare along with the statute of limitations for pursuing a claim. We will work tirelessly to ensure you and your loved one are properly compensated for the harm you have experienced.
At Dalli & Marino, we have recovered millions of dollars for our clients. We approach each case on an individual basis and are dedicated to helping you or your loved one recover the money you need to compensate for your injury or illness. We strive to build intimate relationships with our clients through reliable communication and a deep commitment to understanding your case and needs. Give us a call at (888) 465-8790 or complete our contact form today.
