Need a Nursing Home Abuse Attorney? Here’s What You Should Know About the Statute of Limitations
Two out of three staff members admitted to the WHO that they’ve committed elder abuse in the past year. If that’s not shocking, then imagine how much elder abuse or neglect goes unreported!
When your aging loved one gets hurt, they deserve justice. You may be considering hiring a nursing home abuse attorney to help you achieve that goal.
If so, then there are a few important things you need to know about our state’s statute of limitations. Read on to get all the information you need to pursue a nursing home abuse claim against the abuser.
What’s the Statute of Limitations in MO?
A statute of limitations is a time-limit for initiating a legal claim. It’s set by legislative bodies. Its purpose is to prevent lawsuits from cropping up decades after an incident.
So, how long after a nursing home abuse incident do you have to file a claim? Let’s break it down below:
- If seeking a wrongful death claim, then you have 3 years
- If seeking a personal injury claim, then you have 5 years
Why do these time limits exist? They’re put into place because evidence degrades over time. It might not be possible to make a determination on a case that occurred several years ago.
If you don’t pursue a claim within this time frame, then your claim will get dismissed. The severity of your loved one’s abuse plays no bearing in the court’s decision.
Elder Abuse: A Problem With Reporting
It’s no surprise that most nursing home abuse never gets reported. A few different factors play a role in why this happens including:
- Older adults may be incapable of asking for help due to mental or physical conditions
- Elderly adults may not realize they’re getting abused
- Claims aren’t believed
- Injuries may get attributed to aging rather than abuse
So, what should you do if you don’t realize your loved one is getting abused until years later? What if the statute of limitations has already passed? Will you still have legal recourse?
What If I Was Unaware of the Injuries Until Later?
There’s an important part of the statute of limitations that deserves attention. The statute of limitations period begins when the injury gets discovered. The clock won’t start ticking until the injury should’ve reasonably gotten discovered.
If you couldn’t have reasonably known about the abuse, then you might still have a claim.
If your situation fits the above scenario, then you need legal advice. A lawyer will help you determine whether you have a case or not. Look for a lawyer with proven results and positive past reviews.
Hiring a Nursing Home Abuse Attorney You Can Rely On
Are you still a bit confused about whether you can seek out a claim or not? If so, then you should reach out to a nursing home abuse attorney to discuss the specifics of your situation.
At Bruning Law Firm, we’ll work hard to ensure justice gets served. We will determine whether a claim is in your best interests. We’ll also help you report the abuse to the appropriate parties if necessary.
Reach out to us now for a free evaluation.