Nursing Home Negligence or Abuse
- Two years from date the injury is sustained, not when the injury is discovered.
- Two years from when the injury was discovered, or reasonably should have been discovered. If discovered after two years, the statute runs six months from discovery.
- There are caps on punitive damage awards, however, these caps do not apply to actions for wrongful death or intentional infliction of physical injury.
- Caps are three times the compensatory damages or $1.5 million, whichever is greater.
- For purposes of the statutory cap, physical injury does not include mental anguish or emotional distress.
Statute of Limitations Ala. Code §§ 6-2-38 and 6-5-410 (1993)
- Two years
- None. All damages are considered punitive. Damages recovered in a wrongful death action are not subject to the payment or debts or liabilities of the decedent, but must be distributed according to the statute of distributions.
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.
Want to know more about your state-specific nursing home injury law? Check out an overview of Alabama’s nursing home injury law from Pintas & Mullins Law Firm.