Arizona Statute of Limitations for Nursing Home Abuse Claims

    PHOENIX, AZ, May 18, 2011 /24-7PressRelease/ -- As with all personal injury claims, there are statutes of limitations associated with nursing home abuse cases which set strict time limits regarding the filing of your lawsuit. These statutes of limitations vary by state and by the type of case you are filing. In order to make sure that you do not miss any important filing deadlines, it is important that you meet with an experienced nursing home abuse attorney as soon as you suspect your loved one has been the victim of elder abuse.

Nursing home abuse cases are very complicated, often requiring a vast amount of research in order to gather the necessary evidence. This research takes time. Furthermore, there may be more than one party responsible for your loved one's abuse. It may take time for your attorney to determine the proper parties to hold accountable for your loved one's damages. In order to ensure that you have enough time to conduct the proper research and determine all negligent parties, you will want to have your nursing home abuse attorney begin his investigation long before the statute of limitations expires.

Statutes of Limitations in Arizona Personal Injury Cases

In the state of Arizona, the statute of limitations for the majority of personal injury cases is two years from the date of the incident causing the injury. However, when dealing with nursing home abuse cases, it is often difficult to determine the exact date on which the abuse began due to the following reasons:

- Nursing home abuse generally takes place when no witnesses are present
- Nursing home residents are often unable to communicate the abuse to their loved ones, or they may choose not to report the abuse out of fear of retaliation
- Abusive and negligent staff members often go to great lengths to conceal the fact that abuse has occurred

Therefore, the courts often allow the statute of limitations to begin running from the date that nursing home abuse has been discovered or from the date it reasonably should have been discovered. Since there is an obvious gray area regarding these time limitations, it is important to consult an experienced nursing home abuse attorney as soon as you suspect abuse may be taking place. Otherwise, you may find that deadlines pass before you take appropriate action.

Statutes of Limitations in Arizona Wrongful Death Cases

If the abusive or negligent actions of a nursing home result in the death of your loved one, you may be entitled to receive compensation in a wrongful death lawsuit. In Arizona, the time limit to file a wrongful death case is two years from the death of your loved one. However, often the deadline for filing your lawsuit will be two years from the date you discover or reasonably should have discovered that negligence caused your loved one's death.

To learn more about the statutes of limitations governing nursing home abuse claims in Arizona, please visit the website of the Phoenix nursing home abuse attorneys at Cullan & Cullan M.D., J.D., serving clients in Phoenix, Scottsdale, and all of Arizona.

Website: http://www.stopnursinghomeabuse.org

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