What is the statute of limitations for nursing home abuse or neglect?
As a nursing home abuse attorney in Las Vegas, we have seen too many cases of neglect, abuse, and mistreatment in nursing homes. It is important for everyone to know their rights and options in case they or their loved ones have suffered any form of abuse or neglect in a nursing home. One of the most important aspects of filing a legal claim is understanding the statute of limitations. In this article, we will discuss the Nevada laws related to nursing home abuse and neglect, and the time limits you need to know. So, what is the statute of limitations for nursing home abuse or neglect in Las Vegas?
Nevada Statute of Limitations: NRS 11.190
According to Nevada law, the statute of limitations for filing a claim regarding nursing home abuse or neglect is two years from the time of the alleged incident or from the time the victim knew or should have known about the injury or harm suffered. However, if the victim is mentally incapacitated or under the age of 18, the statute of limitations may be extended. This falls under NRS 11.190.
It is important to note that the two-year statute of limitations applies not only to civil claims, but also to criminal charges. This means that if you suspect that a nursing home resident has been abused or neglected, you need to report it immediately to local law enforcement authorities. Failing to do so may result in criminal charges being barred due to the statute of limitations.
Statute of Limitations for Filing a Wrongful Death Claim
Another important aspect to consider is that if the nursing home resident dies as a result of the abuse or neglect, the statute of limitations for filing a wrongful death claim is three years from the time of death or from the time the victim knew or should have known about the circumstances of the death. This means that the family members of the victim may have up to three years after the death to file a claim.
Exceptions to the Statute of Limitations in Nevada
There are some exceptions that may extend or shorten the statute of limitations, depending on the circumstances of each case. For example, if the nursing home tried to hide or cover up the abuse or neglect, the statute of limitations may be extended. On the other hand, if the nursing home resident signed a contract that included a shorter statute of limitations, the timeframe for filing a claim may be shorter.
The statute of limitations for nursing home abuse or neglect in Las Vegas
In summary, nursing home abuse and neglect is a serious issue that requires prompt action and attention. If you suspect that you or your loved one has suffered any form of abuse or neglect while in a nursing home, it is important to seek legal advice as soon as possible. Remember that the statute of limitations in Nevada for filing a claim related to nursing home abuse or neglect is two years, but this may be subject to exceptions. Don’t let this important time limit pass you by. Contact us, J. Cogburn Law, and let us help you fight for your rights and compensation under the law.