In the state of Michigan, there are legal timelines in place that require
victims and families to file civil lawsuits within a certain period of
time following an injury or incident. These time deadlines are known as
the statute of limitations, and they apply to a range of cases involving
injuries and accidents resulting from negligence or wrongful conduct.
Because there are many different forms of nursing home abuse – including
physical and emotional abuse, financial exploitation, and sexual abuse
– the statute of limitations may vary from case to case. While the
unique facts and circumstances of your case will dictate how long you
have to file a lawsuit, after which you will be barred from pursuing legal
action and compensation, these matters demand timely attention and immediate action.
Under Michigan law, the statute of limitations for
nursing home abuse and neglect cases are as follows:
- Medical negligence – Michigan sets the statute of limitations for
medical negligence, under which many nursing home abuse and negligence
cases fall, at two years after the negligent act. This means victims and
families have two years from the date an act of negligence occurred to
file a lawsuit. Nursing home abuse and neglect are generally considered
medical negligence, or medical malpractice, because nursing homes have
a legal duty to provide a reasonable standard of medical care.
- General negligence – In some cases, nursing home abuse cases may
involve general negligence, which has a three year statute of limitations.
This applies to both injury and wrongful death cases.
- Extended time deadlines – There are certain situations and exceptions
where a statute of limitations may be extended. These include cases where
a victim suffers from a mental illness at the time of injury, unlicensed
facilities, sexual abuse, and when the victim of negligence dies before
or within 30 days of the statute of limitations.
Because the unique facts of your case will determine the applicable statute
of limitations, it is always wise to consult an attorney as soon as possible.
Remember, timely reporting is critical in nursing home abuse cases, as
it taking immediate action to protect your right to a civil lawsuit. Should
the statute of limitation run out, your loved one and family will generally
be unable to pursue a case.
Our legal team at Goodman Acker, P.C. makes ourselves available to victims
and families when they need it most, and encourages local residents throughout
Detroit and the state of Michigan to act as soon as they can when it comes
to abuse or neglect. By working with an attorney early in the process,
you can receive the guidance and support you need, and put yourself in
position to pursue justice and compensation for damages.
To discuss a case with a Detroit nursing home abuse attorney from our firm,
contact us for a free consultation.