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Time constraints on nursing home negligence lawsuits

On Behalf of | Apr 7, 2022 | Nursing Home Negligence

A nursing home is supposed to be a place where the elderly can live with respect and dignity, receiving the care they require so that they remain happy and healthy. Unfortunately, neglect occurs, causing harm to those for whom they are supposed to care. You may have to take legal action, but you must be aware of the time limits you face.

Legal time limits

Nursing homes have a legal obligation to provide a certain level of care for those within their charge. When a home fails that obligation, causing either physical or mental injuries, it is considered legally negligent. Louisiana gives the injured and/or their family members the right to file a lawsuit when this happens, so that the nursing home is held accountable for their actions.

However, at the same time Louisiana grants the right to sue, it also places a time limit on that right. This is called the statute of limitations. The injured party, or their family, have one year to file a lawsuit, counted from the date the negligence occurred. In most cases, if the suit is not file within one year, the right to sue is lost forever.

Practical time considerations

In addition to the legal time limit, there are other time constraints of which you should be aware. A successful negligence lawsuit depends entirely upon evidence, which must be collected. The more time that passes, the more evidence can become difficult to locate and witnesses’ memories can fade. As a result, delaying your decision to bring a lawsuit may end up hurting your chances of being successful. If you need assistance evaluating your options, speak to a knowledgeable professional who is experience in nursing home negligence.