Florida’s Statute of Limitations on Nursing Home Abuse Claims
Many clients contact our firm asking how long they have to file a lawsuit against a negligent nursing home in Florida. The time frame in which you have to file your case is called the statute of limitations.
Failure to file your nursing home negligence case within Florida’s statute of limitations will preclude you from bringing the action. In other words, if you bring the case after the time period lapses, the case will be thrown out of court on a Motion to Dismiss.
This is a travesty of multiple levels since it means your family does not receive compensation and the at-fault nursing home gets away scot-free.
So How Long do You Have to Bring a Case for Nursing Home Negligence in Florida?
Florida has a two year statute of limitations period on nursing home negligence cases. This means you have two years from the date you knew, or should have known, your loved one was abused, neglected or wrongfully injured inside a Florida nursing home.
The statutory language for Florida’s deadline to raise a nursing home claim can be found in Florida Statute Sect. 400.0236.
Can I Get Around Florida’s 2 Year Window to Bring a Nursing Home Negligence Action?
Avoiding a statute of limitations defense is a challenging task. However, if the nursing home negligence was not known to you, or the misdeeds were concealed, you have an argument that Florida’s statute of limitations period does not start until you knew of the potential nursing home wrongdoing.
For example, let’s say your loved one developed a bed sore inside an Orlando nursing home. If the bed sore started on November 5, 2021, in theory, you would have until November 4, 2023 to bring the lawsuit.
However, you are not a doctor or a nurse. You have no special training in wound care or pressure ulcers. How are you supposed to suspect negligence or malpractice, unless you are told that these kind of injuries result from neglect?
If the nursing home staff did not tell you about the wound, or assured you that the wound was unavoidable and a normal deterioration of the skin, you could make the argument that you were not put on notice of the potential nursing home negligence until much later. Let’s say, for example, if your loved one visited an outpatient doctor in June of 2022 and this doctor informed you that this kind of bedsore was due to neglect, you can argue that this was the first time you knew of any potential malpractice, therefore the statute of limitations period would start in June of 2022 and run in June of 2024.
It is important to note that, even with this hypothetical, you would likely face a Motion to Dismiss the case due to the claim being raised outside of Florida’s two year statute of limitations period for nursing home cases. There is no guarantee that a judge would allow you to pursue the above fact pattern if you filed the case after November 4, 2023.
Conclusion: There is No Advantage in Delaying the Prosecution of your Florida Nursing Home Abuse Lawsuit
If you believe a loved one was injured or killed inside a Florida nursing home, call us today. Delay is never a good idea. Here’s why:
If You Are Still Within the Two Year Statute of Limitations Period
Do not wait to contact our law firm! We cannot file the lawsuit the day that you call us. In Florida, Chapter 400 requires that we perfect a lengthy pre-suit process that can take months. We must gather medical records, get experts to review those records, formulate a good faith basis and determine facility ownership. All of this takes time.
Even if you are well within the two year statute of limitations period for Florida, pre-suit investigation can take months. Do not delay in contacting us to discuss your case.
If You are Technically Beyond Two Years from the Date of Injury
You can still phone or chat with our firm. As mentioned in the above hypothetical, there are legal maneuvers and arguments that can be made to prevail against a statute of limitations defense. However, winning these arguments gets harder with each day of delay.
We provide free case consultations so do not hesitate to reach out to us, even if you fear you are beyond Florida’s time period to bring an elder abuse claim.
Free Nursing Home Abuse and Neglect Case Consultation
At Senior Justice Law Firm, our Florida nursing home abuse attorneys focus on this very specific sub-specialty. This is all we do. We handle nursing home negligence cases from Miami to Orlando, from Jacksonville to the Panhandle.
Delay in seeking out legal consultation will result in a loss of your legal rights. Our attorneys have dedicated their professional lives to combatting nursing home abuse and neglect in Florida. Nothing makes us more mad than seeing a negligent nursing home get away with misconduct, simply because a family member waited too long to call us.
Florida’s statute of limitations on nursing home abuse claims is 2 years, however, circumstances can extend this deadline to bring the case.
If you believe you have a Florida nursing home malpractice case, regardless of when it happened, call Senior Justice Law Firm now at 888-375-9998 or live chat with our office today.« Previous PostNext Post »