What Is the Statute of Limitations for Nursing Home Negligence in Indiana? All You Need to Know
Nursing home residents are placed in the trusted care of their facility in good faith that staff will carry out their legal duty to look after them and keep them safe, but sadly, that is not always the case. Abuse in nursing homes is shockingly common- with more than 15,000 cases filed in 2020 in the USA alone.
Unfortunately, the strong belief is that even more cases go unreported- with victims missing the deadline on the statute of limitations. This means they and their family members never receive the justice and compensation owed.
What is the statute of limitations on a nursing home abuse claim, and what do people need to do to make sure they get the recompense they deserve?
Shuerger Shunarrah Trial Attorneys are elite personal injury lawyers with extensive experience handling nursing home abuse cases. Here is everything victims need to know about Indiana's statute of limitations. They can give insight on what the most common nursing home abuse is.
The nursing home negligence statute of limitations in Indiana is two years- usually counted from when the most recent incident occurred.
All the US states set their own rules- so other limitations statutes may vary.
It is important to seek legal advice as soon as possible to ensure the case is filed on time- and compensation can be claimed for the victim's suffering.
What Is Nursing Home Abuse?
Nursing home neglect and abuse is essentially the failure of the facility- and its staff- to provide the care it is legally bound to. This can take many forms- from insufficient staffing to serious physical assault.
Some of the most common causes of nursing home abuse cases include:
Mistakes with medication
Failure to properly bathe and clean residents
Lack of supervision leading to dangerous situations
Improper monitoring of nutrition, hydration, and general health conditions
Physical abuse (violence or, in some cases, sexual abuse)
Emotional abuse and neglect
Failure to provide safe and clean living facilities
Lack of properly trained staff
These are just some examples. Regardless of the situation and circumstances surrounding the abuse or neglect, the statute of limitations remains the same.
Indiana Statute of Limitations on a Nursing Home Abuse Lawsuit
Indiana law states that nursing home abuse and neglect victims have two years from the incident to file suit and claim damages. Although technically it can be argued that the time frame begins from the last case of abuse, it can get complicated when it is ongoing- so it is best to begin the process based on the earliest account of neglect.
Why Do Statutes of Limitations Exist for Nursing Home Abuse Claims?
The reason nursing home negligence statutes of limitations are in place is to ensure people make their case in a timely manner- and to avoid the loss of evidence or a key witness passing away before proceeding are complete.
If things are left for too much time, it can be difficult to gather all the facts- on both sides of the claim. The plaintiff (the victim) could forget key details or get confused about the timeline. Defendants may also find it difficult to recount events after many years. Both parties may also struggle to secure witnesses and vital evidence to support their claim or counterclaim.
Does the Same Apply to Other Medical Malpractice Claims?
Any medical malpractice claim in Indiana (with a few exceptions) has a two-year statute of limitations. Most personal injury claims fall into the same category- including wrongful death suits. Some state laws have different statutes of limitations in cases where a person passed away, but Indiana does not.
Are There Any Exceptions?
There are some circumstances where exceptions apply to the Indiana nursing home negligence statute of limitations. Here are the details.
Mental or Physical Incapacitation
If the victim is incapacitated and unable to make their claim before the deadline passes, they may be able to apply for an extension. This generally only applies if the incapacitation was caused by an injury relating to the nursing home abuse.
When a victim's injury does not appear or become obvious until a later time, they could be able to make a claim after the deadlines pass.
Misrepresentation or Concealing of Evidence
Defendants who fraudulently conceal important evidence relating to the case- or purposefully misrepresent the facts, could give the courts reason to approve an extended deadline.
What Happens If Victims Miss the Statute of Limitations Deadline?
If the victim does not take legal action before the deadline passes, their case is likely to be dismissed. It is worth consulting with a legal expert if victims believe they have missed the deadline, as there may be a way around it- but it is difficult, and there are no guarantees.
When to Hire Nursing Home Abuse Attorneys
The best way to ensure they do not miss the statute of limitations is for victims to take legal action as soon as possible. Indiana nursing home neglect victims have two years- but they should contact an Indianapolis nursing home neglect attorney in plenty of time to avoid any risks.
If a person experienced abuse or neglect- or their families suspect something, they should speak to a trusted legal team immediately.
Why Choose Shuerger Shunnarah?
Personal injury attorneys at Shuerger Shunnarah are specialists in nursing home abuse cases and will go to war for victims and their families. They are dedicated, passionate, and aggressive in their pursuit of justice- and work quickly to file a lawsuit within the allotted time limits. They can also assist with questions like, "How long do most personal injury cases take?"
Shuerger Shunnarah Trial Attorneys offer a free case evaluation to all nursing home abuse and neglect victims- and will fight to win the maximum financial compensation for their suffering. They can help explain the legal rights and navigate the waters of a complex claim- all with their client's best interests at heart.
According to the statute of limitations, abuse victims in Indiana nursing homes have two years to submit a claim. Once the statute of limitations passes- it can be very difficult to submit a negligence claim- so victims must act quickly.
Contact Shuerger Shunnarah today for a free case review and to get the ball rolling on justice for nursing home residents who have suffered abuse or neglect.
They go to war for you in your time of need.