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Families with an aging loved one do thorough research and place their elder in the best possible nursing home facility within their budgets, anticipating that the loved one will receive the skilled, compassionate care they deserve. Sadly, an estimated five million elderly Americans suffer from abuse in nursing homes each year. The process of discovering the abuse, investigating the circumstances, and determining the liable party all takes time, but how much time does a nursing home injury victim or their loved ones have to file a compensation claim or lawsuit?
Like all states, Arizona places limits on the amount of time an injury victim or their family members have to pursue personal injury claims—this is the state’s statute of limitations. This is an important deadline for filing a lawsuit against a nursing home that caused injury to a vulnerable elderly resident. Consulting with a skilled Phoenix nursing home abuse attorney can help ensure that you meet all necessary deadlines and build a strong case.
Both nursing home abuse and nursing home wrongful death cases fall under the legal umbrella of personal injury cases in Arizona. According to Arizona §12-542, the law states that a case:
“Shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward …For injuries done to the person of another including causes of action for medical malpractice… and for injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.”
In other words, a nursing home injury victim or the family members of a deceased victim of nursing home abuse must file their claim within two years of the injury or loss. If a case requires a lawsuit in court, the court will not accept it if the plaintiff files the petition after the two-year statute of limitations has passed.
The timing of a nursing home abuse or wrongful death claim is important. By filing too soon, the injury victim or their family may not yet know the full extent of the economic and non-economic consequences of the injury—their “damages” in a nursing home abuse claim. Often, the facility’s liability insurance or medical malpractice insurance company intentionally reaches out with a fast settlement offer before the injury victim knows the true extent of their damages. These offers are typically for far less than the true value of the claim and require signing away the right to file a lawsuit.
It’s also important not to wait too long to take action. It often takes a thorough investigation into the alleged abuse or wrongful death to document compelling evidence of the nursing home’s fault and liability in the case. Investigations like this take time. Once the full scope of the victim’s loss is clear and the plaintiff’s attorney has compiled evidence of liability, it moves forward with a direct claim against the appropriate insurance company. Typically, a period of negotiation takes place as both parties work toward a settlement. Most claims are resolved through a settlement, but if the insurance company fails to offer an acceptable settlement amount or denies the claim, it’s necessary to litigate the matter in court to recover compensation through a jury award for damages. The injury victim or their families (plaintiffs) must file the lawsuit petition within Arizona’s two-year statute of limitations to have their case heard in court.
The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.
