Statute of Limitations in Virginia Nursing Home Abuse Cases

Nursing home cases are generally negligence cases. The applicable statute of limitations in Virginia nursing home abuse cases is two years from the date of injury. There may be complications in some cases where the statute of limitations is extended due to the type of injury was not able to be discovered. If you need assistance pursuing a personal injury claim on behalf of your loved one, contact a skilled nursing home abuse lawyer.

Discovery of Harm Rule

Virginia has a limited discovery rule and there are times it applies and times it does not apply. The discovery rule is codified by the statute. There is also relevant case law that narrows the discovery rule. Some states have a broader discovery rule than Virginia. It is important to talk to an experienced nursing home negligence attorney to find out whether the discovery rule applies to a specific case.

While the general statute of limitations in Virginia nursing home abuse cases for negligence is two years from the date of injury, the discovery rule, meaning the action of the wrongdoer that prevented the injury or the negligence from being discovered, may toll back the statute of limitations. Lawyers can determine what the statute of limitations is for the particular case and whether discovery applies to extend them.

How Does it Apply to Nursing Home Abuse?

In Virginia nursing home abuse cases, the most typical example of when the discovery rule applies is when the person is not able to effectively communicate the fact that they are being abused. The discovery rule may apply to cases where a provider takes steps to prevent an individual who has suffered abuse from telling their families or taking some form of action. Families or loved ones should discuss how the discovery of harm rule can affect or impact the statute of limitations in Virginia nursing home abuse cases.

Role of a Claim Adjuster

Claims adjusters look out for the best interests of their clients, the insurance companies. The claims adjusters make sure the insurance company keeps money in their pocket. They do not make sure their client pays out a fair amount; their purpose is to pay amounts they feel are appropriate to represent their client’s interests.

When someone talks to a claim adjuster, they should not go on their own. The injured person should know the claim adjustor is not looking out for their best interests. They should talk to an experienced nursing home abuse attorney before the statute of limitations in Virginia nursing home abuse cases ends.

Benefit of an Attorney

Nursing home abuse lawyers have experience investigating assisted living homes and their practices. An attorney can help you and your loved ones collect the facts and evidence of your case in order to find who is liable for your pain and suffering. They have an understanding of how the statute of limitations in Virginia nursing home abuse cases can impact recovery. Contact an attorney as soon as you can.