How Long Do You Have To File A Nursing Home Abuse Claim?

Watch this video by dedicated Buffalo nursing home abuse attorney Timothy Hiller, Esq. as he explains how long you have to file a nursing home abuse claim.

How long do you have to file a nursing home abuse claim? The long and the short answer is you have about three years from the date the nursing home abuse took place to file the claim. However, sometimes people come to me, and those three years have passed. There are various ways under the law where we can try to get that extended. I’ll just give a quick example.

During the COVID pandemic, Governor Cuomo passed a law that suspended the statute of limitations for a brief period for all litigants. We had an individual come to our office, and the three years to file a nursing home abuse claim expired. We were successful in arguing that because the statute of limitations had been suspended briefly during COVID, this claim was still timely. There are various other ways that the statute of limitations can get extended. So if your loved one has been a victim of nursing home abuse and it’s been a while, you may be thinking, well, it’s too late. Don’t assume that before you talk to an attorney.

The other thing you need to be aware of, although it’s less common. If your loved one was placed in a state or county-run nursing home facility, the statute of limitations may be much shorter, as short as 90 days, to put them on notice of your claim. Obviously, if you think that the nursing home may be run by a city, state, or county, you need to call us immediately so we can put the nursing home on proper notice.

If you or a loved one was injured in a nursing home in New York, you may be entitled to compensation. At Hiller Comerford Injury & Disability Law, PLLC, we have successfully helped thousands of clients protect their rights and maximize their compensation after suffering a personal injury. Contact us today for a free consultation with our experienced Buffalo injury lawyers.