The statute of limitations for nursing home abuse in Pennsylvania is a two-year limitation, regardless of whether the lawsuit is for personal injury, wrongful death, or medical malpractice.
According to one of our firm’s nursing home abuse lawyer in Indiana, the statute of limitations in Indiana for a nursing home negligence claim is also two years. However, the death of a claimant changes the limitations, in the sense that a decedent’s representative can file a claim within 18 months after the time of death, even if the statute of limitations expired. By comparison, in Pennsylvania, the statute of limitations does not allow the same flexibility.
Missing this deadline affects your ability to file a nursing home abuse claim. In some cases, the statute of limitations may toll (i.e., pause). An example of when this might occur is when you or your loved one does not discover the injuries of the abuse until a later date. The best way to determine if you are still able to proceed is by speaking with a Pennsylvania nursing home abuse lawyer.
What a Statute of Limitations Is and How It Affects Your Case
The statute of limitations refers to a legal concept that places a time limit on your ability to file a case. Like all other states, Pennsylvania imposes a statute of limitations for nursing home abuse.
If you fail to file within the statute of limitations, the statute may bar your claim. This means you would be unable to recover compensation for the abuse the nursing home subjected your loved one to.
Why the Statute of Limitations Exists
One reason that a statute of limitations exists is that evidence degrades, and memories fade over time. If you attempt to file a claim several years later, your case will likely be weaker.
Legislators believe that it is unfair for someone to seek justice for an injury that occurred a long time ago. Defendants need time to prepare their arguments and gather evidence. For this reason, legislators created statutes of limitations. While this benefits the defendant more than the plaintiff, statutes of limitations are still an essential aspect of protecting public interest and policy.
For a free legal consultation with a Statute of Limitations Lawyer serving Pennsylvania, call (800) 794-0444
Types Of Compensation Generally Available For Nursing Home Abuse Claims
When filing a nursing home abuse case, there are many types of compensation available. A nursing home abuse lawyer is the individual best suited to help you understand what is available for your specific situation.
Depending on your case, you may be eligible to recover compensation for any or all of the following:
- Current and future medical bills
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment
You may be able to seek monetary compensation if your loved one passed away due to the abuse they suffered at a nursing home. You can seek compensation under the Pennsylvania Wrongful Death Act, PA Title 42 § 8301, a wrongful death action. You may receive compensation based on economic and noneconomic losses that resulted from the passing of your loved one. Losses you can seek damages for include:
- Funeral and burial expenses
- Hospital and medical expenses
- Estate administration expenses
- Lost wages and benefits
- Loss of household services
The spouse and children might also be eligible to recover compensation for loss of guidance, companionship, and other damages.
You can recover from a wrongful death action as a spouse, child, or parent of the deceased.
The list above represents only a few forms of compensation. The compensation you may be entitled to recover depends on the circumstances of your loved one’s abuse.
Pennsylvania Statute of Limitations Lawyer Near Me (800) 794-0444
Typical Signs of Nursing Home Abuse
The signs of nursing home abuse may or may not be visibly present. While it can occur in physical form, there are other types of nursing home abuse, including emotional, social, and psychological abuse. Common signs of nursing home abuse include:
- Bruises or signs of restraint
- An unpleasant odor in your loved one’s room
- Dirty bed sheets
- Fear of a certain caregiver
- A refusal to leave you alone with your loved one
Observing your loved one and asking questions is a strategy for uncovering any potential dangers present. Look for signs of physical injury and changes in behavior.
Make a note of any staff members that your family member views in a negative light. You have every right to ensure their safety. Investigate any suspicions for more information regarding the context of your loved one’s physical condition.
Click to contact our Statute of Limitations Lawyers today
Hiring Pintas & Mullins Law Firm to File A Timely Claim
Filing your claim before the statute of limitations for nursing home abuse in Pennsylvania expires is critical to asserting your rights to compensation. The legal team at Pintas & Mullins Law Firm is standing by to answer your questions 24 hours a day, seven days a week. Let us help you seek justice on your loved one’s behalf. You can contact our office for a free consultation by calling.
We handle all cases on a contingency fee, which means you pay us no attorney’s fees unless and until you win your case.