Like all states, California has its own set of rules that surround filing cases and claims in a court of law. These rules dictate important nuances of a case that must be followed in order to win compensation. One of these rules is the amount of time in which you are legally able to file a claim.
This period of time is officially known as a statute of limitations. While obtaining an attorney is the most important aspect for winning a case, many people try to navigate the legal landscape on their own, oftentimes overlooking rules such as a statute of limitations. Reach out to Joel Bryant’s office today to learn more about your options after a case of nursing home neglect or abuse in California.
The Statute and its Implications for the Prosecuting Party in San Diego
As someone, especially an elder, is neglected or hurt, there are many initial preoccupations for the family. First of all, they may not even know that it has been occurring in the first place. This is important to consider when keeping in mind what the proper timeline of a lawsuit should look like in the state of California.
Should or when they become aware of the aforementioned neglect or abuse, the primary concern is rightfully obtaining medical assistance and removing them from the place in which they were endangered.
In any case, it is important to consider the elongated process of a lawsuit. Cases and claims take time to prepare. In addition, they have limitations on the amount of time someone can wait before filing their lawsuit. This limit is referred to as a statute of limitations.
In California, the statute of limitations for nursing home abuse usually follows under the category of negligence claims. This is dictated by Section 335.1 of the California Code of Civil Procure which gives two years to file a claim. This is the same amount of time that is allowed for other types of personal injury lawsuits.
Why a Lawyer is so Crucial in a Case of Nursing Home Abuse
Statutes of limitations are complicated as the time from which the two years begin it’s usually the date of injury or the incident. This has obvious complications as many cases of abuse or negligence are ongoing – not fixed to a specific date. In addition, many of the sufferers of nursing home negligence or abuse may have a more difficult time communicating what is happening to them.
Either from old age or cognitive disorders, it may be difficult to learn, remedy, and file a claim for someone suffering abuse in two years. In any case, a lawyer will be the best option for those seeking professional help.
Reach out to an attorney today to learn more about how much time you have to file your nursing home negligence claim. It is recommended that you do this as soon as possible to give your attorney the appropriate amount of time to prepare and press charges.