Statute Of Limitations in DC Nursing Home Abuse Cases

Generally, the statute of limitations in DC nursing home abuse cases is three years. The statute of limitations begins from the date of the occurrence or the date the incident is discovered. Therefore, the statute of limitations in these cases is likely to change.

In certain circumstances, the statute of limitations may not begin until the victim discovers the effects of the abuse sustained in the nursing home. If you or a loved one have been harmed in a nursing home, a distinguished nursing home abuse lawyer can help you file a claim.

Extending Limitations

A discovery of harm rule is a legal term used to describe when the statute of limitations begins to run if the incident does not manifest itself immediately. Therefore, in limited circumstances, a person is allowed to extend the three-year statute of limitations from the time the incident occurred until three years from the time the harm is discovered. Those have lengthening effects in the overall statute of limitations in DC nursing home abuse cases.

The statute of limitations differs is always three years. The issue is when it begins. If a person falls out of their bed because the rails are not up and breakĀ their arm, the person knows that they broke their arm on that day and the statute of limitations begins to run on that day. If someone has an injury that does not manifest itself immediately, the statute of limitations does not begin until that harm is discovered.

Applying the Discovery of Harm Rule

The discovery of harm rule will serve to extend the statute of limitations from three years from the date the harm is discovered. The circumstances in which this will apply depending on the type of abuse rendered to the nursing home resident. Typically, this is something that occurs more often in medical malpractice cases where a person undergoes a certain type of procedure and the harm may not manifest itself until some time later.

Reaching Out to a Lawyer

The best way to ensure that a claim adjuster does not prevent recovery in an assisted living abuse case is for the victim or the victim’s family to retain the services of a qualified and trained personal injury attorney. The attorney will take the necessary steps to preserve the claim. They ensure that all steps are taken to either resolve the claim within the applicable statute of limitations or file a lawsuit on time so that there is no prejudice to the injured person.

Someone who has been abused or believes that a family member is being abused while residing in a nursing home should contact a nursing home abuse attorney to discuss the issues that are occurring or any issues that may have occurred in the past. An attorney can provide a comprehensive consultation and their initial opinion regarding the statute of limitations in DC nursing home abuse cases. They can also evaluate the rights for recovery are available to the injured person.