Every Florida personal injury claim is unique in some aspect, and nursing home neglect cases are even more so than most others. The fact that injuries occur and are often covered up before anyone realizes what happens can make them especially difficult to prove. The victim commonly is unable to communicate the activity accurately or understandably, and many times they do not know why they are injured. It typically takes a member of the family or a concerned friend to point out when negligence is occurring, and even more difficult can be determining when the injury actually began.
Statute of limitations in Florida
Each state sets limitations for filing a legal action for financial recovery regarding personal injuries. Some states have one standard policy for submitting injury claims, while others classify each case in terms of time restraints. Florida is one of the states that have a two-year time period. The issue is when the so-called “clock” begins for the expiration and if it can be “tolled” through the period.
Identifying an injury
Most statute of limitations clocks are definitive regarding the beginning of the window, such as with an auto accident. This situation is different for nursing home neglect in many cases because the problems often develop over time. The beginning of the filing period is when the injured party or their personal representative realizes the injury has occurred or there is evidence of negligence leading to an injury. In cases such as bed sores due to infrequent positional changing of the patient, it takes a period of neglect before the injury actually occurs.
Nursing home injury cases can assuredly be of the most difficult to pursue. This is why it is essential for family members to monitor the treatment of their loved ones in such a facility. Negligence can easily occur unbeknownst to anyone.