What are the Statute of Limitations for Nursing Home Abuse Lawsuits?

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.