What is the statute of limitations for nursing home abuse cases?
The statute of limitations for nursing home abuse cases in North Carolina is two (2) years. This means that individuals have two years from the date the abuse occurred to file a legal claim. This includes cases of physical, psychological, financial, and other forms of abuse. However, there are certain exceptions to this two (2) year rule. For example, claims involving minors or disabled persons may have a longer statute of limitations. In these cases, the statute of limitations may be extended to any time up to one year following the minor’s 18th birthday or the disabled person’s recovery from their disability. Additionally, if the nursing home abuse was known, or should have been known, before the two (2) year statute of limitations period expired, then the statute of limitations may start running again from the date the abuse was discovered. Furthermore, under some circumstances, a lawsuit may be brought even after the two (2) year statute of limitations period has ended. This is sometimes referred to as a “tolling” of the statute of limitations. Tolling may occur if the person doesn’t have the physical or mental capacity to file a lawsuit prior to the expiration of the two (2) year period. In addition, tolling may also occur if the nursing home or its staff has prevented the person from filing a lawsuit. Overall, the statute of limitations for nursing home abuse cases in North Carolina is two (2) years. This means that individuals have two years from the date the abuse occurred to file a legal claim. There are some exceptions to this rule, including cases involving minors and disabled persons, and in some cases the two (2) year period may be tolled.
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