A statute of limitations sets the amount of time you have to file a claim.
In Georgia, the statute of limitations to file a nursing home lawsuit is two years from the date of the incident that gives rise to your cause of action. If you miss your filing deadline, you will likely be barred from filing a claim.
However, there are exceptions to the two-year rule. You must consult an experienced GA nursing home abuse and neglect attorney to determine the filing deadline for your case.
Exceptions to the Statute of Limitations
While most Georgia nursing home suits must be filed within two years of the abuse or neglect occurrence, you may have a much shorter deadline to file.
If a government agency owns the nursing home or is a defendant in your suit, you must follow Georgia’s state tort claims policy. According to this policy, you must provide notice of your suit within twelve months. You cannot file your lawsuit until you have properly filed this written notice and the state has either denied your claim or ninety days have passed after providing the notice.
If a state agency is not a defendant in your suit, there are a few circumstances in which you may have additional time to file your claim, including:
- The resident was temporarily unable to testify due to their mental or physical condition.
- The nursing home provided inaccurate information regarding the abuse.
- It is unclear when the abuse happened or when it was first discovered.
These circumstances are rare and are not easy to prove. Consult an experienced GA nursing home abuse and neglect attorney as quickly as possible to ensure you meet your filing deadline.
Why You Need to Promptly Consult a Nursing Home Neglect and Abuse Attorney
In addition to determining your specific filing deadline and making sure you don’t miss it, there is another important reason to consult an attorney as soon as possible—to protect vital evidence.
Evidence can be destroyed, lost, or diminished over time if it is not identified and preserved timely. When our attorneys take your case, we take quick action to investigate your claim to identify all possible causes and potentially liable parties and to gather the best evidence to build your strongest case.
Collecting Evidence to Prove Your Claim Before You File
When you have adequate time before your filing deadline, there are important steps you can take to help secure strong evidence. Of course, if your loved one has been neglected or abused, you want to ensure their safety immediately. If necessary, remove them from the facility.
However, you may be able to document important information, take photographs, and speak to witnesses before filing your claim. Some of the types of evidence that we may use to build your case include:
- Photographs of visible injuries.
- Photographs and video footage of the condition of the resident’s room, walkways, and common areas may suggest neglect or abuse.
- Records from the nursing home.
- Testimony of other residents, including former residents.
- Testimony of former and current staffers.
- The resident’s entire file and medical chart.
- Testimony of the resident’s physician or other medical experts.
- Witness testimony of those who visited the resident and those who witnessed relevant facts.
If possible, you can take photographs and video footage to help prove your claim. You can speak to potential witnesses, including others who may have been victimized.
When you consult with our attorneys, we will advise you on specific evidence that we could use to prove your case based on its circumstances.
Recoverable Damages in GA Nursing Home Cases
The types and amount of damages you can recover in a GA nursing home claim depend on the unique facts of your case. Some common damages we may be able to recover include:
- Medical expenses for the cost of the resident’s treatment.
- The cost of medications, including over-the-counter necessary items.
- Pain and suffering are experienced by the resident.
If your loved one died because of the nursing home’s abuse and neglect, you may have the right to file a wrongful death action. In a Georgia wrongful death claim, you may be able to recover:
- Funeral and burial expenses.
- Medical expenses of the resident’s last treatment.
- Pain and suffering.
- Loss of companionship.
Our attorneys will advise you of your options and help you recover the damages and justice you are entitled to.
Schedule a Free Consultation to Learn Your Statute of Limitations and Discuss How We Will Prove Your Case
If you or your loved one have experienced neglect or abuse in a Georgia nursing home, we want to help you. Our attorneys are committed to protecting the rights of nursing home victims and their families and helping them recover maximum damages.
Call (770) 865-8654 or complete the short form on our contact page to schedule a free consultation to discuss your case.