Nursing homes and assisted living facilities must provide a high level of care for their patients and residents. In the state of California, the Welfare & Institutions Code § 15600 et seq holds anyone who cares for senior citizens responsible for abuse or neglect of those in their care.
Some common forms of nursing home abuse and neglect include:
- Physical abuse
- Emotional and verbal abuse
- Sexual assault and abuse
- Financial abuse or elderly scams
- Medication errors
- Malnutrition and dehydration
- Bed sores or pressure ulcers
What is the California Statute of Limitations for Elder Abuse Claims?
Under California law, families have a limited amount of time to file an elder abuse and/or elder neglect claim in civil court. California’s elder abuse statute of limitations means that you only have two years to file such a claim in civil court against a non-public entity or individual.
If you miss this deadline, you may lose your chance to file such a claim for damages. Moreover, other potentially related causes of action may have shorter deadlines to file. Because there are many potential deadlines to consider, you should speak to an attorney as soon as possible.
Are There Exceptions to the Statute of Limitations?
In most cases, the clock starts on the date of the injury or when you recognized the abuse was occurring. This is often difficult to determine since most abuse cases do not involve one singular incident.
In addition, many seniors suffer from cognitive impairment, which can further complicate these cases. For instance, if the elderly individual suffers from dementia, they may not be able to clearly articulate what happened to them within a timely manner.
Sometimes the form of abuse itself is inherently difficult to detect. For example, if an elderly person has been scammed or stolen from by a caretaker, the theft may not be found out until months later.
Because each case is unique, it's best to contact an experienced elder abuse attorney in your area to determine how long you have to file your claim. You can schedule a free consultation with Needham Kepner & Fish LLP by calling (408) 716-1668. We can help you understand your best legal options and ensure you do not miss the statute of limitations to file a claim.
What Should You Do if You Suspect Elder Abuse?
Do you suspect that your loved one is suffering from elder abuse or neglect? Report the incident of abuse to the authorities and call an experienced attorney.
Your attorney can investigate the abuse and help you protect your loved one from future harm. They will then build a case to hold negligent and abusive institutions and caregivers accountable for the harm they have caused.
Contact Our San Jose Elder Abuse Lawyers Today
If you or a loved one suffered elder abuse or neglect in a Bay Area nursing home or assisted living facility, consider contacting our experienced elder abuse lawyers. We want to learn about your situation and help you protect your loved one from future harm. Schedule a free consultation with the team at Needham Kepner & Fish to discuss your potential case.
We can answer any legal questions you may have and are happy to review all your legal options. Call us at (408) 716-1668 or fill out our online contact form, and someone from our office will be in touch with you soon.