How Long Do You Have to File a Nursing Home Negligence Claim?
Understanding the Time Limits for Nursing Home Negligence Claims
When families discover their loved one has suffered from neglect in a nursing home, one of the first questions they ask is: “How long do I have to file a claim?” The answer depends on South Carolina law, the type of injury, and how the neglect was discovered. Missing this deadline can prevent you from pursuing justice, which is why it’s critical to consult a nursing home negligence lawyer as soon as possible.
The Statute of Limitations in South Carolina
In most South Carolina personal injury cases, including nursing home negligence, the statute of limitations is three years from the date the injury occurred. However, this timeline can vary depending on the circumstances:
- Discovery Rule: If the injury wasn’t discovered right away—such as hidden neglect that came to light later—the three-year clock may start on the date the harm was discovered.
- Wrongful Death Cases: If negligence leads to a resident’s death, families typically have three years from the date of death to file a wrongful death lawsuit.
- Government-Run Facilities: If the nursing home is operated by a government agency, special shorter deadlines and notice requirements may apply.
Because these rules can be complex, working with a Columbia nursing home abuse lawyer is the best way to confirm exactly how much time you have.
Why Acting Quickly Matters
Even though three years may sound like a long time, waiting to take action can weaken your case. Over time:
- Medical records may be misplaced or altered
- Witness memories may fade
- Staff turnover may make it harder to identify responsible parties
- Physical evidence, such as photos of unsafe conditions, may disappear
By speaking to an attorney early, you increase your chances of preserving the strongest possible evidence.
Exceptions That May Shorten or Extend the Deadline
There are situations that can change the standard filing deadline:
- Fraud or Concealment: If a nursing home hides or covers up negligence, the filing period may be extended.
- Minor Residents or Disabled Adults: Special rules may apply if the victim cannot bring a claim themselves due to legal incapacity.
- Federal Regulations: Some cases involving Medicare/Medicaid funding or federal facilities may have additional requirements.
These exceptions highlight why personalized legal advice is essential.
How a Lawyer Helps You Stay Within the Deadline
When you hire a nursing home negligence lawyer, they will:
- Review your case to determine the correct statute of limitations
- File all required notices and documents on time
- Investigate the nursing home’s conduct
- Pursue compensation for medical expenses, pain and suffering, relocation costs, and other damages
Your lawyer ensures you don’t miss critical deadlines while focusing on building a strong case for accountability.
Final Thoughts
If your loved one has suffered due to neglect, don’t wait until it’s too late. The law places strict time limits on when you can file a claim. Acting quickly can protect your rights and ensure your family has the chance to seek justice.
Contact Hewett & Diamaduros today to speak with an experienced nursing home negligence lawyer. We’re here to guide you every step of the way.