Are there time limits to when I can file a nursing home injury claim?



Generally, in Georgia, the statute of limitations for bringing a personal injury claim is two years. We have these time limits to ensure that lawsuits do not linger indefinitely and people and corporations involved in legal disputes can resolve these matters and move on with their lives.

However, there are a few exceptions to the statute of limitations for Georgia personal injury claims that specifically affect nursing home abuse and neglect cases. For example, whether the claim is filed as a medical malpractice lawsuit or general negligence. In Georgia, medical malpractice claims against a healthcare provider are also controlled by a statute of repose. The statute of repose provides that even if the patient or family did not know about the malpractice, unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than five years after the actual incident of malpractice.

Additionally, if the nursing home resident is deemed mentally incompetent or if their estate is unrepresented, the court may allow additional time in filing a lawsuit.

Nursing home abuse and neglect cases may also be governed by binding arbitration rules. For example, if the resident or legal representative signs a binding arbitration agreement upon admission into the nursing home it is possible that that agreement has certain notice requirements which must be met before a claim can be brought to arbitration.

The bottom line is that it is vitally important that you immediately contact a Georgia nursing home abuse and neglect attorney as soon as possible if you believe that your loved one as been injured.

If you or a loved one have been injured in a nursing home, and you aren’t sure how much time you have to bring a lawsuit, then please call and speak to an experienced Atlanta nursing home abuse and neglect Lawyer at Schenk Smith today. Or, feel free to browse for more information about your case.