Why You Shouldn't Wait to Bring a Nursing Home Abuse Case
Unfortunately, nursing home abuse and neglect is a horrible reality experienced by too many nursing home residents throughout Kansas and Missouri. Thousands of nursing home residents are abused and neglected each year. When a person is abused in a nursing home, they may have a claim against the nursing home and one or more individuals.
However, the time to file a nursing home abuse case is strictly limited under both Missouri and Kansas law.
For that reason, you should contact a Kansas City nursing home abuse attorney as soon as possible if you suspect your loved one is the victim of nursing home neglect or abuse. While some general rules are detailed below, an experienced nursing home abuse lawyer can advise you as to how these rules may apply to your particular case.
What is a Statute of Limitations?
A statute of limitations is a law that restricts the time to file a claim or lawsuit. The deadlines for filing claims vary by type of claim and by state. Several exceptions might apply that could increase or decrease the deadline for filing a nursing home abuse claim. Failing to file a claim by the expiration of the statute of limitations will almost always result in a dismissal of the case. As a result, it is always best to contact an attorney to discuss an injury claim as soon as possible after the accident or injury.
What is the Deadline for Filing Nursing Home Abuse Claims in Kansas and Missouri?
In most nursing home abuse cases filed in Kansas and Missouri, the victim or someone acting on behalf of the victim has just two years from the date of injury to file a claim. If the claim is not filed within two years of the date of injury, the victim can lose his or her right to file a civil claim seeking compensation for the injuries.
What is the Discovery Rule for Nursing Home Abuse Claims?
Some victims and families may not be aware of an injury for some time. They may not realize that an injury is the result of nursing home abuse.
Therefore, both Missouri and Kansas enacted statutes of repose that give victims additional time to file claims for injuries that might not have been discovered before the deadline imposed by the statute of limitations. The statute of repose or “discovery rule” gives victims additional time to file a nursing home abuse case once the injury is known, even if the statute of limitations has expired.
However, both states restrict the time allowed to file a nursing home abuse claim under the discovery rule. In general, Missouri caps the discovery rule at ten years, and Kansas caps the discovery rule at four years, regardless of when a nursing home abuse injury is discovered.
Because your time is limited for filing a nursing home abuse case, it is important to be familiar with the signs of nursing home abuse so that you can take immediate action and hire a nursing home abuse attorney if you believe your loved one has been abused or neglected in a nursing home.
Contact a Kansas City Nursing Home Abuse Attorney for More Information
The Law Office of Kevin J. McManus assists residents and families file nursing home abuse cases in Missouri and Kansas. To schedule a free consultation with a Kansas City nursing home abuse attorney, call 816-203-0143.