Understanding the Statute of Limitations for Nursing Home Abuse Claims in Alabama

If your loved one was harmed due to nursing home neglect or abuse, one of the most critical laws to know is when you must file a personal injury lawsuit. Filing this type of legal claim can help you recover compensation for financial losses, such as medical expenses, funeral expenses, and burial costs, as well as non-economic damages, such as pain and suffering, emotional distress, and lost quality of life. However, the statute of limitations limits how much time you have to take this legal action.

It’s crucial that you understand the statute of limitations, as well as exceptions that might extend the filing deadline. An experienced lawyer from Siniard Law, LLC can review your case, explain the legal deadline that applies, and take prompt legal action to protect your rights. Call us today for a free consultation. 

What Is a Statute of Limitations? 

A statute of limitations is the timeframe within which certain legal actions must be taken. Statutes of limitations can arise in criminal cases, as well as civil actions. For example, in a criminal case, the prosecutor must file criminal charges within a certain amount of time after the crime was committed, or the case could go unresolved. 

In a civil case, the statute of limitations generally refers to when a plaintiff must file a civil lawsuit. While most personal injury cases are resolved through settlements, if you are unable to reach a fair settlement, your only option for seeking justice and financial accountability might be to file a lawsuit, so you need to be aware of this law so that it doesn’t pass.

What Is the Purpose of Statutes of Limitations?

Statutes of limitations exist to incentivize people to take prompt legal action. Cases can be resolved more easily when plaintiffs or prosecutors bring them when the evidence is more likely to be fresh and reliable. Over time, people can move, evidence can get lost or destroyed, or memories can fade.

Additionally, statutes of limitations help protect the rights of defendants so they do not have to worry that some misconduct or accident they were involved in years ago will come back to haunt them in the present day.

Legal Effect of Missing the Applicable Statute of Limitations 

Missing the statute of limitations can lead to significant consequences, namely that the plaintiff can be barred from having their case heard. If they file nursing home abuse lawsuits after the statute of limitations expires, the defendant can move to have the case dismissed as untimely. The court can agree and refuse to hear the case, regardless of how clear the liability is. For this reason, it’s essential to take prompt legal action by filing a lawsuit within the relevant timeframe to preserve your rights.

Alabama’s General Statute of Limitations for Nursing Home Abuse Cases

The deadline for filing lawsuits in Alabama depends on the type of lawsuit that is being filed. For example, a personal injury lawsuit must generally be filed within two years of the date of injury, under Alabama’s statute of limitations. For a wrongful death lawsuit, the case must be filed within two years of the decedent’s death. 

Exceptions and Special Cases to the Statute of Limitations

Like with every rule, there are possible exceptions to the statute of limitations. Here is a small sampling:

Assault, Battery, and False Imprisonment 

While nursing home neglect lawsuits are subject to the standard two-year statute of limitations, cases involving intentional torts, including those based on assault, battery, or false imprisonment, can be filed within six years. 

People with Disabilities 

Anyone with a legal disability, including by age or mental impairment, may have a longer period to file a personal injury claim because they are incapable of handling their own legal affairs. In cases involving plaintiffs with a legal disability, the statute of limitations clock is tolled or paused until the disability ends. If the person with a disability has a guardian or conservator, that person can take legal action on their behalf. 

Delay in the Discovery of Injury

Another instance when the statute of limitations may be tolled is when there was a delay in discovering the injury. For example, the nursing home abuse victim may have a cognitive or physical disability that prevented them from being able to explain what happened. In such situations, the statute of limitations can be tolled until the date when the injury was discovered or reasonably should have been discovered. 

Fraud

If fraud prevented the nursing home abuse victim or their representative from knowing about the injury or its source, the case can be tolled until the discovery of the fraud, under Alabama law.

Absence

Alabama courts may not have jurisdiction over potential defendants if they are not in the state to receive legal services. If the perpetrator of the abuse or an administrator of the nursing home needs to be served but they have left the state of Alabama, the statute of limitations may be tolled until the defendant returns to the state. 

Claims Against the Government 

If your loved one was injured in a medical facility owned by the government, you will be subject to much shorter deadlines. For legal claims against the city, you must provide notice within six months of the injury. Claims against the county must generally be filed within one year.

What You Need to Do Before the Statute of Limitations Expires

While you might think that two years sounds like a long time, considerable work must occur in your nursing home neglect or abuse case before your lawyer will want to file a lawsuit, such as:

Meeting for a Free Consultation  

Siniard Law, LLC, provides free consultations to prospective clients. During this free, no-obligation consultation, you can talk to an experienced lawyer about your concerns and your options for pursuing compensation. During this case assessment, a personal injury attorney can explain the time limit for filing your case, the nursing home’s legal duty to prevent abuse, and how they can help.

Investigating the Incident 

An elder abuse attorney can launch an independent investigation into the allegations. Victims of nursing home abuse sometimes have difficulty communicating what happened to them due to cognitive or physical limitations. An experienced attorney can conduct a more thorough review of the allegations by:

• Speaking to other nursing home residents about common patterns or what they personally witnessed
• Identifying the at-fault party and all legal theories for recovering financial compensation
• Looking for common warning signs of nursing home abuse, such as frequent injuries or hospital visits, a decline in personal hygiene, unexplained weight loss, and changed personality traits
• Accessing public reports to determine if the nursing home has a history of substandard care or abuse allegations
• Reviewing the injured person’s medical records
• Noting the presence of any CCTV cameras

Reporting Abuse or Neglect

When people suspect substandard care, neglect, or abuse at nursing home facilities, they may have various options for making an official report, including:

• Contacting the Alabama Department of Public Health
• Reporting allegations anonymously through the Office of the State Long-Term Care Ombudsman Program
• Calling the police to report crimes
• Making contact with the nursing home facility directly 

Filing an Insurance Claim

The best way to secure fair compensation for the harm your loved one has suffered may be to file a claim with the nursing home’s insurance provider. This process can take a few months since the insurance company may launch its own investigation, request proof of injury, and review the terms of its insurance contract with the nursing home. 

Assessing Damages

Your loved one may have suffered various damages for which you can seek compensation, such as:

• Medical bills, continued needs for medical care, and future medical expenses
• Pain and suffering
• Emotional distress
• Humiliation
• Reduced quality of life

Your lawyer can calculate the value of these various losses and prepare a demand package for the nursing home or their insurance company. 

Negotiating for Fair Compensation

Before your lawyer would file a personal injury lawsuit, they would first try to negotiate and settle the case. If successful, this can help you and your loved one avoid a lengthy trial. 

Typically, personal injury lawyers will take all the steps above before they ever file a lawsuit. Because the legal process involved in pursuing a nursing home abuse claim is so long and tedious, it’s best to give your lawyer ample time to complete these steps.

Why It’s Essential to Act Quickly After Learning About Nursing Home Abuse

Even if you have a longer statute of limitations to file your claim, acting promptly is critical to having the best chance at a successful outcome of your case. If you don’t act promptly, valuable evidence may be lost or destroyed.

For example, the nursing home might have video footage, but the footage may automatically be erased or overwritten if someone does not intervene. Other people could have observed the incidents in question and be willing to prepare witness statements, but they may move, quit, or be fired before they can take action to help.

By contacting our skilled nursing home abuse lawyers as soon as you suspect your loved one is experiencing nursing home abuse, you can ensure that we have the best shot at preserving valuable evidence to help your claim.

How a Nursing Home Abuse Attorney from Siniard Law, LLC Can Help 

When you work with the experienced legal team at Siniard Law, LLC, we can help by:

• Explaining your legal rights and options during a free case review 
• Ensuring your loved one receives the medical care they need and is removed from the risk of harm
• Investigating your accident to identify the negligent party and the people who committed the abuse
• Gathering evidence to prove liability and damages
• Negotiating for fair compensation 
• Identifying if punitive damages are available in your case and relentlessly pursuing them
• Taking legal action within the applicable statute of limitations 

Siniard Law, LLC has extensive experience handling nursing home abuse, neglect, and wrongful death claims. We have successfully recovered over $200 million for our deserving clients. Rely on our strong track record of success and can leverage our extensive experience in your pursuit of justice and accountability. 

How Long Will My Nursing Home Abuse Case Take? 

While the statute of limitations provides the maximum time limit allowed to file your case, it does not provide a limit for how long your claim may take to work its way through the court system. Every personal injury case is different. Various factors can affect how long your case takes, including the following:

• The type of abuse your loved one suffered (i.e., physical abuse, sexual abuse, financial abuse, or emotional abuse)
• The type and severity of your loved one’s injuries
• The defendant’s identity and insurance coverage
• Whether the nursing home denies that the abuse occurred
• The strength of your evidence 
• Whether a criminal case is also involved in the matter
• Whether you have legal representation 
• Whether you settle your case or go to trial

A personal injury attorney from our law firm can fully investigate your case and explain the time frame you can expect for it.

Contact Our Nursing Home Abuse Lawyers to Protect Your Legal Rights 

Negligent facilities can be held legally responsible for the wrongful acts of their employees. If you suspect your loved one is being abused in a nursing home setting, reach out to the legal team at Siniard Law, LLC today. We want to protect your loved one and prevent any future abuse from occurring. Contact us today to take advantage of a free case review.