Nursing Home Negligence or Abuse
Statute of Limitations 42 Pa. Cons. Stat. §5524
- Two years from when the injury was discovered, or reasonably should have been discovered.
Medical Malpractice
Statute of Limitations 42 Pa. Cons. Stat. §§5524 and 5533
- Two years from when the injury was discovered, or reasonably should have been discovered.
- For minors, statute of limitations does not begin to run until they reach 18 years.
Wrongful Death
Statute of Limitations 42 Pa. Cons. Stat. §5524
- Two years.
Damages Caps Pa. Stat. Ann. tit. 40 §1303.505(d)
- No limit on compensatory damages.
- Punitive damages are not awarded for wrongful death*, but may be awarded in a survival action. **
- Punitive damages against a physician cannot exceed 200% of compensatory damages unless there is intentional misconduct.
* Walsh v. Strenz, 63 F. Supp. 2d 548,558 (M.D. Pa. 1999); Harvey v. Hassinger, 461 A.2d 814, 815(Pa. Super. 1983); Johnson v. Avco Corp., No. 4:07CV1695, 2009 U.S. Dist. LEXIS 108600, at *21, 2009 WL 4042747, at *7 (E.D. Mo. Nov. 20, 2009)
** Walsh, 63 F. Supp. 2d at 550; Harvey, 461 A.2d at 816; Becchetti v. PennDOT, 51 Pa. D. & C.4th 300, 315 (Pa. Com. P1. Lackawanna 2001)
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
Older adults in Pennsylvania may find themselves in a position where they are no longer allowed to care for themselves. Nursing homes exist to provide help with daily activities, medical care, and other forms of assistance.
While many facilities comply with their general and medical responsibilities, others do not keep their residents’ best interests at heart. Nursing home abuse and negligence cause injuries to vulnerable adults in unthinkable ways.
If you or your family member lived in a nursing home and sustained injuries from abuse and neglect, you can take legal action against the facility or its staff. Financial compensation is available for your loved ones or family’s physical, mental, and emotional losses.
Call our Pennsylvania nursing home injury lawyers at Pintas & Mullins Law Firm today for more information.
Types of Financial Compensation for a Pennsylvania Nursing Home Injury
Pintas & Mullins Law Firm does not back down in front of a nursing home, its staff, or insurers. We protect abused and neglected nursing home injury victims and their family members by asserting their rights to a monetary award. While a claim does not reverse the damage, it does help pay for your losses.
We will take on the toughest cases to help you receive the following types of compensation:
- Medical treatment costs
- Pain and suffering
- Mental anguish
- Financial restitution from fraud
- Wrongful death
- Punitive restitution
- And more
While insurers generally wish to settle out-of-court, they may offer an unreasonable settlement that you are unwilling to accept. In this case, our Pennsylvania nursing home abuse lawyers will identify the individuals responsible for abuse and neglect injuries and pursue the maximum claim allowed under the Pennsylvania court system.
For more information, contact Pintas & Mullins Law Firm for a free consultation today. We are accessible 24 hours, seven days a week.
Pennsylvania’s Statute of Limitations on Nursing Home Abuse and Neglect Claims
The statute of limitations for a lawsuit is the court deadline that allows you to file a claim. Therefore, it is important to act on filing one before this timeline expires. Nursing home abuse and neglect cases in Pennsylvania fall under the personal injury, medical malpractice, and wrongful death statute of limitations.
In general, these are the following deadlines set by the Pennsylvania General Assembly according to the type of case you and your Pennsylvania nursing home injury lawyer may file:
- Personal injury: Two years from the date of injury.
- Medical malpractice: Two years from the date of injury.
- Wrongful death: Two years from the date of death.
If you have concerns that you missed the statute of limitations in Pennsylvania, some exceptions allow you to pursue financial compensation. Some cases are not so cut-and-dry.
Civil courts recognize this aspect by providing solutions to family members in this situation. Contact a Pennsylvania nursing home abuse and neglect lawyer at Pintas & Mullins Law Firm for more information.
For a free legal consultation, call (800) 794-0444
When Your Family Can File a Claim Against a Pennsylvania Nursing Home
Nursing home abuse and neglect injuries are actionable in court. You and your Pennsylvania nursing home injury lawyer can settle or litigate a claim against the responsible parties.
If the insurer does not meet their policy coverage obligations, filing a personal injury, medical malpractice, or wrongful death lawsuit in court is the next step. Pintas & Mullins Law Firm will collect evidence and testimony to support the following claims:
- Your family member was in the care of the nursing home.
- The nursing home acted abusively or negligently toward him or her.
- Its actions caused harm toward him or her.
- The harm resulted in financial or physical losses.
Since every case is unique, we will work to provide a personalized case strategy that asserts your rights while protecting your loved one from future harm. The state of Pennsylvania also specifies who can file a nursing home injury or wrongful death lawsuit on behalf of the resident.
In general, the following individuals can file a claim:
- Spouses
- Adult children
- Surviving parents
- Siblings
- Grandparents
- Estate representatives
We will work with your family to help you understand every aspect of negotiating or litigating a claim against abusive and negligent nursing homes. You do not have to face them or their insurer alone, nor do you have to accept an unfair offer. Pintas & Mullins Law Firm wants to stand by your side while going after your loved one’s detractors.
What to Do if Your Loved One Sustained Abusive or Negligent Injuries
Responding to nursing home abuse and neglect requires quick action to ensure that your family member is safe while preserving evidence that supports your allegations.
In general, you can take the following steps to accomplish these goals:
- Seek immediate medical attention.
- Report the abuse or neglect to law enforcement.
- Gather and preserve evidence of the injuries.
- Relocate your family member to another home.
- Contact Pintas & Mullins Law Firm for help.
You should also anticipate that the nursing home or its insurer keeps its own legal counsel on retainer or has an in-house legal team. Therefore, they will fight back against your claims or downplay them, even when a clear pattern of abuse or neglect is present.
Our Pennsylvania nursing home injury lawyers will not back down and will push back when they do not meet the promises they made to your loved one and family.
Click to contact our lawyers today
Contact the Pennsylvania Nursing Home Injury Lawyers at Pintas & Mullins Law Firm
The legal team at Pintas & Mullins Law Firm understands that our vulnerable family members deserve to live a happy, healthy life. Parties who cause abusive or negligent injuries must be held accountable for their actions.
Our Pennsylvania nursing home injury lawyers are here to help you and your family through this challenging time.
Call or text (800) 794-0444 or complete a Free Case Evaluation form