A statute of limitations applies to many different types of claims. The amount of time that injured parties have to file a lawsuit varies, based on the type of claim. In Washington, DC, a statute of limitations applies to the filing of nursing home bedsore lawsuits.
If individuals do not file their nursing home bedsore lawsuit within the statutory window, they may not be able to recover in court.
Consultation with a bedsore attorney may be helpful in understanding how the statute of limitations in Washington, DC applies to your claim in a nursing home bedsore lawsuit.
The statute of limitations exists in order to encourage individuals to efficiently pursue their claims and to put defendants on notice of impending litigation within a reasonable timeframe.
Due to the statute of limitations, a defendant does not have to fear a lawsuit, arising from an incident or occurrence, indefinitely. The statute of limitations also serves a more practical purpose. As time passes, people forget the details surrounding an accident, witnesses’ contact information changes, and evidence may be lost.
The statute of limitations for nursing home bedsore lawsuits in DC is three years. Generally, the clock begins to run on the date of the occurrence. There are some instances in which an extension on the statutory deadline may be allowed. One such exception allows for the clock to start when the injury is discovered or when it reasonably should have been discovered.
Not all injuries are immediately apparent. When an individual could not have reasonably known, on the date of the occurrence, that the injury had occurred and that there was a basis for a cause of action, the discovery rule may apply.
There are other exceptions to the statute of limitations. A medical malpractice attorney may be able to assist individuals in determining whether or not an exception applies in their case.
In examining a potential claim, it generally takes time to obtain a nursing home’s medical records, examine the records, consult with medical experts, and negotiate a claim. During this time, the statute of limitations may be running.
If the nursing home bedsores lawsuit is not filed by the three-year deadline, the lawsuit may be barred. It is likely that an attempt to file the nursing home bedsores lawsuit after the deadline has passed will be met with an argument from the defendant nursing home. The defendant nursing home would probably argue that the case should be dismissed and a court may grant the dismissal. If this happens, an injured individual may not be able to recover damages. The right to recover the following may be lost:
It is important that injured individuals or their family members contact an attorney, as soon as possible, so that a case can begin moving forward where negligence has occurred. Considering the steps involved in preparing a claim, and the time that it may take to be ready to file, it is best to work toward filing a lawsuit as soon as possible.
An attorney can help to pinpoint the date from which the statute of limitations will begin to run and work to adhere to the deadline. Getting legal assistance, sooner rather than later, may help individuals preserve their right to recovery in court. Contact an attorney today regarding the Washington, DC nursing home bedsore lawsuit statute of limitations.
