What is the statute of limitations for nursing home abuse cases?
In Delaware, the statute of limitations for nursing home abuse cases is two years. This means that any potential claim must be filed within two years of when the abuse or neglect occurred, or when the person suffering from it has knowledge of the injury, whichever comes last. If the claim is not filed within two years, the person may be barred from pursuing a legal remedy. It is important to note that the statute of limitations is not the same as the time period allowed for filing a lawsuit. In Delaware, a lawsuit must be filed within three years of the date the abuse or neglect occurred. Additionally, if the person suffering from abuse or neglect is a minor, the statute of limitations is extended. The minor must file a claim within two years of when they reach the age of majority (18 years old). If the person is deceased, the statute of limitations is one year from the date of death. In cases where the nursing home abuse does not constitute a criminal offense, such as fraudulent billing practices, the statute of limitations may be even longer and vary from state to state. It is important to consult a skilled attorney to determine the applicable statute of limitations in your case.
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