How Long Do I Have to File a Nursing Home Abuse Lawsuit in Georgia?

The time for filing a nursing home abuse lawsuit is not unlimited. If you or your loved one suffered nursing home neglect or abuse in Georgia and want to hold the home responsible for its actions, you must file suit within two years. The clock starts running on the last date the abuse occurred or the date you discovered the abuse. If your loved one passed away as a result of the abuse, you generally have two years from the date of death to file a wrongful death lawsuit.

Is the Deadline Affected If the Government Runs the Nursing Home?

If the Georgia state government owns the nursing home, you must provide written notice of your claim within 12 months of the date of the injury. The time is even shorter if a municipal corporation owns the nursing home. Georgia law gives you just six months to file your notice of claim under these circumstances. You cannot sue the nursing home if you do not file this notice within the allotted time.

These short time frames for preparing and serving the necessary notices demonstrate how critical it is to contact a nursing home abuse lawyer as soon as possible after an injury or death. Your attorney will immediately start an investigation so they can prepare and serve the tort claim notice, protecting your right to pursue a nursing home abuse lawsuit.

Are There Any Exceptions to the Deadline?

The Georgia statute of limitations sets the deadline for when a lawsuit must be filed. For personal injury cases, including injuries sustained at nursing homes, you must file suit within two years of the date of the injury. However, this deadline could be delayed, depending on the circumstances of the case. For example, if the injured party is legally incompetent due to an intellectual disability or mental illness, the time for filing could be extended to when their disability is removed.

Because accurately calculating the deadline for filing a nursing home abuse or neglect case is complex, it is crucial to retain an experienced personal injury attorney early in the case so they can manage this and all pertinent deadlines, allowing you to proceed in court to demand justice.

What Happens If I Miss the Deadline?

Missing the deadline means you may be unable to seek compensation in court. If you file the lawsuit after the deadline expires, the judge will likely dismiss your case. This underscores the need to contact a nursing home abuse lawyer as soon as possible after you discover any signs of abuse or neglect. Let a personal injury lawyer calculate the deadline within Georgia’s statute of limitations since certain factors can affect the time limit.

What Should I Do Before Filing a Nursing Home Abuse Lawsuit?

If you or your loved one suffered abuse at a nursing home, consider following these steps to stop the abuse and prepare to file a lawsuit:

• Document your concerns – Record what occurred, including important details such as the date, location, and who was involved.
• Create a file – Take notes about any injuries related to the abuse. Medical records and bills will also give your attorney a head start on their investigation.
• Alert the proper authorities – Georgia’s Department of Community Health is the state agency that handles elder abuse and neglect allegations and may be of assistance to you.
• Call a nursing home abuse lawyer – Get started with your claim by calling the skilled personal injury attorneys at Spiva Law Group. They can help you end the abuse and demand the compensation you or your loved one deserves.

Is Nursing Home Abuse Difficult to Prove?

Nursing home abuse can be challenging to prove, which is why you need a nursing home abuse attorney who can help guide you through the legal process. Certain challenges exist in these cases because victims are sometimes unable to clearly communicate the abuse they experienced. They may not remember who abused them or when it occurred, especially if they struggle with memory loss. Nursing homes may also try to hide their employees’ wrongful conduct to avoid liability.

To win a nursing home abuse case, the victim must show that they suffered injuries and that abuse on the part of the nursing home or its employees was the cause of those injuries. This evidence might include the following:

• Photographs of injuries – These provide compelling visual evidence of physical abuse or neglect and its consequences.
• Medical documentation – Hospital records and physician notes document the timing and severity of injuries, the health consequences of those injuries, and whether a pattern of neglect or maltreatment occurred.
• Eyewitness accounts – Testimonies from other nursing home residents, visitors, or staff can offer critical insights into the daily conditions and interactions within the facility.
• Government inspections – Inspection reports from health and safety regulators can reveal systemic issues within the facility, including violations related to resident care that may support claims of negligence or abuse.
• Past complaints – A prior history of complaints against the nursing home can help establish a history of poor care or recurring problems.
• Expert testimony from medical professionals – Experts can provide authoritative assessments of the resident’s injuries and their consistency with reported abuse, as well as insight into the expected standard of care in similar healthcare settings.

Contact a Georgia Nursing Home Abuse Lawyer

If you are ready to pursue a nursing home abuse case, call Spiva Law Group right away. We want to hold nursing homes accountable for their negligent or otherwise wrongful actions.

Since we opened over 30 years ago, we have recovered more than $500 million in compensation for injury victims. Clients say you can count on us “to go above and beyond what is expected” and “keep a positive attitude at all times.”

We will not charge you a fee unless we win, and we provide free consultations to learn about your case, so there is no financial risk to learning your rights and options. Contact us today to get started.