Virginia Nursing Home Bedsore Lawsuit Statute of Limitations
Bedsores are frequently the result of negligence, especially when a patient develops them while in the care of a nursing home, they may also be painful and unsightly. For this reason, many patients suffering from bedsores choose to file suit against the nursing homes that were responsible for taking care of them.
If you are planning to file suit against a nursing home, it is important to know that the Virginia nursing home bedsore lawsuit statute of limitations is only two years. This means that from the time your bedsores develop, or are discovered you only have a two-year window of time in which you can file suit. If you do not file suit within this window of time, you will more than likely not be able to do so in the future.
If you are ready to take legal action against a negligent nursing home, you should call an experienced bedsore attorney at your earliest convenience.
What Limited Amount of Time Do Patients Have to File a Lawsuit?
The Virginia nursing home bedsore lawsuit statute of limitations is short for a variety of reasons. First of all, having a short window of time in which to file suit prevents individuals from indefinitely threatening others with litigation. The length of time the law gives a person to file a legal claim is directly related to how serious the claim is.
The legal system does not provide much leeway for individuals who procrastinate, forget to file a lawsuit, or attempt to delay litigation for dramatic effect. If a person is injured, and they do not file a medical malpractice claim within two years, the legal system assumes the injury either did not occur or is not very serious. For this reason, individuals considering filing suit should take legal action immediately.
The countdown begins as soon as the person actually sustains an injury or reasonably discovers the injury. Once two years pass, the injured person will not be allowed to file suit or recover any damages.
Exceptions to the Rule
As expected, there will be times when the legal system allows nursing home patients to file suit outside the two-year window of time. This is extremely rare, but it does occur under extraordinary circumstances. Some injuries or medical conditions are the result of bedsores, and they may not manifest for years. Over time, bedsores can cause a person to develop conditions and injuries such as skin cancer, sepsis, and even deep tissue and bone infections. Often, such injuries do not develop for years after the initial mistreatment.
If an attorney for the injured person can prove the current medical condition or injury the individual suffers from is the result of them developing bedsores in the past, the victim may not be bound by the standard statute of limitations.
Moreover, if a patient is incapacitated and unable to file a claim, they may be able to do so outside the two-year window of time. For example, if a person is comatose and unable to file suit, they may be allowed to do so once they recover. This is an extraordinary case, but it serves to demonstrate how incapacitated individuals may be exempt from traditional statute of limitations laws.
Understand Virginia Nursing Home Bedsore Lawsuit Statute of Limitations Laws
If you are considering filing a lawsuit against a nursing home, you have a limited amount of time to take action. If you do not file suit in a timely manner, you may not be able to obtain the justice you deserve.
Bedsores are a serious problem that can lead to the development of more serious, life-threatening illnesses. Contact an attorney who understands statute of limitations’ laws relating to Virginia nursing home bedsore lawsuits.