The Department of Justice says that ten percent of older adults will experience some form of abuse in any given year. Many instances of elder abuse go unnoticed and unreported. Abuse by a caregiver is a common form of elder abuse, and nursing homes that do not properly screen or supervise their employees may permit it to occur. Your loved one may have legal rights if they are the victim of abuse or neglect while in a nursing home facility. A nursing home negligence lawyer may be able to help you bring a lawsuit against the nursing home to recover damages. The time to do so is sooner rather than later.
Statute of Limitations in Nursing Home Negligence Cases
You may miss some of the initial signs that your loved one is being abused or neglected. Once you do become aware that abuse or neglect is occurring, though, you must take prompt action to protect your legal rights. Your first instinct may be to try to resolve the issue directly with the nursing home, but that may not be the best path forward.
Civil negligence lawsuits in South Carolina must commence within three years of the date of the injury. This is known as the statute of limitations. If you were to go beyond the statute of limitations and attempt to bring a lawsuit more than three years after the injury date, your lawsuit could be dismissed. You would not recover any damages.
The three-year time period begins to run when your loved one’s injury occurs or when they should have known they became injured. This means that time spent attempting to resolve your loved one’s care with the nursing home following discovery of abuse or neglect would count against the three-year statute of limitations.
How Quickly Should I Consult with a Lawyer?
If you suspect your loved one is the victim of nursing home abuse or neglect, there is no time to delay. You should reach out and speak with your nursing home negligence lawyer as quickly as possible. Speaking with an attorney promptly, perhaps even before speaking with the nursing home administration, is advisable for several reasons.
First, speaking with a nursing home negligence lawyer quickly gives you the most time for purposes of the statute of limitations. Your attorney can prepare your loved one’s lawsuit, if necessary, to protect your rights. You could still resolve your claim outside of court, but it does protect your loved one’s rights if no out-of-court resolution is possible.
Secondly, enlisting the help of an attorney early in the process allows them to be involved in any attempts to reach an out-of-court resolution. Your lawyer is better equipped to help ensure any such resolution adequately protects your loved one’s interests and needs.
Choose Attorney Matthew Breen As Your Nursing Home Negligence Lawyer
Victims of nursing home abuse and neglect deserve a champion who will fight hard for them and their rights. At Lowcountry Law, LLC, our attorney Matthew Breen will do just this. A graduate of the Citadel, attorney Matthew Breen learned the importance of hard work, discipline, and integrity, all attributes he brings to every client’s case.
When you call our office, ask us about your free, no-risk case consultation. We would appreciate the chance to review your situation with you and discuss your legal options.
