Preparing an assisted living neglect case can be difficult without the help of a compassionate personal injury attorney. They can help you compile as much information as possible to present your case within DC’s statute of limitations. The statute of limitations in DC nursing home abuse cases is three years. If the action involves death, the statute of limitations is two years. If the case arises out of an intentional tort, the statute of limitations is one year.
How is the Statute of Limitations Calculated?
In a wrongful death action, the statute of limitations is calculated from the date of the death. In sexual abuse or negligence actions, the effective date for statute of limitations purposes is when one becomes aware of the situation or should have reasonably become aware of it.
What is Discovery of Harm?
Discovery of harm is defined by DC law as the accrual of the cause of action. That means once the person discovers the harm, the statute of limitations in DC nursing home abuse cases begins. One thing many do not know is that although the case has to be filed within the statute of limitations, it does not need to be fully resolved during that time.
How Discovery of Harm can Affect a Claim
In nursing home abuse cases, the discovery of harm relates to the statute of limitations. Once the person discovers the harm, the cause of action has occurred and the statute of limitations in DC nursing home abuse cases begins. If someone has been sexually abused for six months, they have a year to file suit from the date they learned of the abuse, not from the date of the first sexual abuse.
Potential Impact of Claim Adjusters in a Nursing Abuse Case
The best way to stop a claims adjuster from preventing recovery is to take the case to a jury. If a claims adjuster does not want to offer money, then a person files a lawsuit. If the claims adjuster does not want to pay during a lawsuit, they go to trial. If they want to pay during trial, they take a verdict. If the claims adjuster does not want to pay, then the remedy is trial by jury or by judge depending on the case.
Types of Assisted Living Abuse Claims
There can be both civil and criminal options for a person who has been abused in a nursing home to pursue. To press criminal charges, they must bring the case to the attention of the police. To the extent that they want to pursue a civil action, they bring it to a personal injury lawyer who then gets the medical records, proves liability, and initially will submit it to an insurance company for settlement. If the settlement is not successful, the lawyer will proceed with the lawsuit.
Important Information to Share with an Attorney
In order to present your case within the statute of limitations in DC nursing home abuse cases, you should try to be as prepared as possible when meeting with a lawyer. You should provide any medical records they have, any photographic evidence they have, as well as copies of any email correspondence they have had with the nursing home at their initial meeting with a DC nursing home abuse lawyer.