Each state has its own deadlines, which are referred to as “statutes of limitations”, for filing a lawsuit when negligence has caused an injury to the party that seeks to file the lawsuit. Depending on the state in which the negligent act occurred, those deadlines vary from one to six years after the date of the negligent act or discovery of the injury. If the injury was caused by the negligent acts of an employee of the federal or state government, the statute of limitations for claims against the government entity is typically shorter, usually no more than one year, for negligence claims against a private party.
Statutes of limitations are based on public policy that encourages injured parties to seek redress for their injuries promptly after occurrence of the injuries. An injured party that fails to file his or her lawsuit within the deadlines established by applicable statutes of limitations will lose the right to prosecute that lawsuit and to recover damages for injuries.
The relevant statutes of limitations for a negligence claim, the most likely theory of law under which an elder abuse malpractice claim will be filed, in each state are as follows:
State Yrs. To File a Claim State Yrs. to File a Claim
Alabama 2 Montana 3
Alaska 2 Nebraska 4
Arizona 2 Nevada 2
Arkansas 3 New Hampshire 3
California 2 New Jersey 2
Colorado 2 New Mexico 3
Connecticut 2 New York 3
Delaware 2 North Carolina 3
District of Columbia 3 North Dakota 6
Florida 4 Ohio 2
Georgia 2 Oklahoma 2
Hawaii 2 Oregon 2
Idaho 2 Pennsylvania 2
Illinois 2 Rhode Island 3
Indiana 2 South Carolina 3
Iowa 2 South Dakota 3
Kansas 2 Tennessee 1
Kentucky 1 Texas 2
Louisiana 1 Utah 4
Maine 6 Vermont 3
Maryland 3 Virginia 2
Massachusetts 3 Washington 3
Michigan 3 West Virginia 2
Minnesota 2 Wisconsin 3
Mississippi 3 Wyoming 4
Missouri 5
Lawsuits alleging abuse or neglect that resulted in injuries to an elderly person are typically based either on medical malpractice against a treating physician or hospital, or negligence on the part of a caregiver or nursing home facility. Medical malpractice claims in different states often have additional filing requirements and deadlines for filing expert opinions or verifications of the validity of the claims. Attorneys who focus their practices on elder abuse cases can provide details on those filing requirements.
Jurisdiction for a claim will be determined primarily on where the negligence occurred, regardless of which state the injured party lived in at the time or currently does reside, and in turn, will be subject to the statutes of limitations in the applicable jurisdiction. Jurisdictional issues for elder abuse claims against the federal government are difficult to generalize. Because of the shorter statutes for filing those claims, parties who have suffered elder abuse injuries in a governmental facility should pursue claims for those injuries as promptly as possible after they are discovered.
One specific situation that merits extra attention when determining the applicable statute of limitations is if the liable party is deemed to be an agency of the United States federal government, for example, a US Veterans’ Administration hospital.
In this situation, an elder abuse medical malpractice or negligence claim must be filed against the U.S. Government according to special procedures that are defined under the United States Federal Tort Claims Act (“FTCA”). The FTCA has a 2-year statute of limitations, but claims against the government must first be filed with an administrative agency before an FTCA claim is allowed to proceed in a court. If the initial reviewing administrative agency denies the case, an injured party then has six months from the date of denial to file his or her FTCA claim in court. Under this arrangement, a party’s FTCA claims can be time-barred even if they are filed within the 2-year FTCA statute of limitations. A party that has suffered an elder abuse injury while receiving care from a US government institution should promptly consult with an attorney to avoid this situation.
Statutes of limitations issues are rarely simple and straightforward. Each elder abuse malpractice and negligence case will be governed by its own specific facts that will determine the applicable statute of limitations and filing requirements, of which can truly only be completed with the assistance of legal counsel.
References:
http://www.ncbi.nlm.nih.gov/pubmed/2817566
https://www.childwelfare.gov/topics/systemwide/laws-policies/state/
https://www.csudh.edu/dearhabermas/elderabubk01.htm
http://www.ncea.aoa.gov/Library/Data/index.aspx
http://www.wsj.com/articles/lawsuits-rattle-nursing-home-chains-1412368400
http://www.statisticbrain.com/elderly-abuse-statistics/