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What Is the Statute of Limitations on Nursing Home Malpractice in Virginia?

Navigating the complexities of elder abuse laws in Virginia, one frequently asked question arises: is there a statute of limitations on elder abuse? This question is crucial for families and individuals considering legal action against nursing home negligence. Yes, there is a nursing home negligence statute of limitations—typically two years from the date of injury. However, some exceptions exist, which can complicate knowing when to file. 

With its unwavering commitment to elder rights, The Law Firm of Carlton F. Bennett, PLLC, can help victims and their families understand the statute of limitations in their specific cases. If you need assistance with a nursing home lawsuit in VA, contact our office to schedule an initial consultation. 

Statute of Limitations on Elder Abuse Cases 

Virginia’s statute of limitations for nursing home negligence claims is two years. This legal timeframe determines your deadline to file a lawsuit against a nursing home for alleged malpractice, including cases of abuse or neglect. Acting within this period is imperative to securing justice and compensation for the harm suffered. Failure to file a lawsuit timely means the court could dismiss your case. 

Exceptions and Extensions to the Statute of Limitations 

Despite the two-year rule, several exceptions could extend this period. For instance, if the abuse was not immediately identifiable, the clock might only begin once you discover the harm. Refrain from automatically assuming your case falls under an exemption, though. It’s crucial to speak with an experienced Virginia nursing home abuse lawyer to verify what deadline applies to your case. 

Statute of Limitations for Nursing Home Wrongful Death in VA 

When negligence leads to a resident’s untimely death, the statute of limitations for filing a wrongful death lawsuit will differ. Instead, it is two years from the date of death rather than two years from the date of injury. The victim might’ve filed a nursing home negligence lawsuit while they were alive, and surviving family members then filed a wrongful death lawsuit after they died. 

Why Hire a Virginia Nursing Home Abuse Lawyer 

If you or someone you love is looking for answers to whether there is a statute of limitations on elder abuse, we invite you to contact the skilled team at The Law Firm of Carlton F. Bennett, PLLC. Pursuing a claim for nursing home or elder abuse is complicated. As we mentioned, abiding by the statute of limitations is vital. It doesn’t matter how strong your case is if you miss the filing deadline. That is why we recommend potential victims and their families contact a lawyer sooner rather than later. 

Our skilled legal team offers unparalleled experience and a compassionate approach to ensure your case is handled with the seriousness it deserves. With a focus on elder rights, our lawyers are dedicated to navigating the complexities of nursing home negligence statutes of limitations. 

Contact Us 

Ensuring you don’t miss the statute of limitations is one of the first steps toward seeking justice for elder abuse. With The Law Firm of Carlton F. Bennett, PLLC, by your side, you are guaranteed comprehensive legal support tailored to your unique situation. With nearly five decades of experience, we know what it takes to build a successful elder abuse case. 

Contact us to schedule a free, no-obligation consultation today.

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Carlton F. Bennett Mr. Bennett is recognized as an expert in traumatic brain damage litigation, nursing home malpractice, and wrongful death cases. He has obtained numerous multi-million dollar settlements and verdicts for traumatic brain injury survivors, and other cases involving serious injuries.
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