If you suspect nursing home negligence, it’s crucial to act quickly due to the statute of limitations. With over 5,000 residents in Delaware nursing homes, understanding when the clock starts ticking is key to protecting your rights.
When does the clock start?
The statute of limitations sets the deadline for filing a lawsuit, and missing this deadline can prevent you from seeking justice. The clock typically starts on the date the negligence occurred. For example, if your loved one suffered an injury due to neglect on January 1, 2023, you would have until January 1, 2025, to file a lawsuit.
Exceptions to the rule
There are several significant exceptions to the standard two-year statute of limitations. If a nursing home intentionally conceals negligence, the court can extend the statute of limitations by up to three years from the date you discovered or should have discovered the injury, rather than the standard two years.
For cases involving mentally incapacitated individuals, the law tolls the statute of limitations, meaning the clock doesn’t start to run until the individual regains capacity or the court appoints a legal guardian. However, even with tolling, you generally only have five years from the date of the original incident to file.
Why acting quickly matters
Filing a lawsuit as soon as possible is important. Evidence can disappear, memories can fade, and witnesses may become unavailable over time.
If you suspect nursing home negligence, don’t wait. Acting quickly ensures that your case is stronger and that you stand a better chance of receiving the compensation and justice your loved one deserves.