What is the statute of limitations for nursing home abuse cases?
In California, a victim of nursing home abuse has two years from the date of the alleged abuse to file a claim in civil court. This two-year statute of limitations is set in California Code of Civil Procedure section 340.5, which dictates that no action for “injury or death” can be brought more than two years after the date of the incident. The only exception to this statute of limitations is in cases of “fraudulent concealment”, in which the perpetrator was successful in concealing the abuse from the victim. If it can be shown that a nursing home worker or supervisor knowingly hid or covered up abuse, then the statute of limitations is extended until the time at which the victim discovers or should have reasonably discovered the abuse. In cases of nursing home abuse, it is critical to act quickly in order to file a claim before the statute of limitations expires. A victim or the victim’s family must be proactive in seeking legal assistance to ensure they are able to claim the compensation they are legally entitled to. If the statute of limitations is allowed to expire, then the victim will be unable to pursue damages or justice.
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