When your loved one is no longer able to care for themselves, moving them to an assisted living facility or nursing home can be a great option. In theory, these facilities have trained staff who can better care for your loved one and ensure that their needs are met every day. Though many facilities do just that, some seem to neglect the residents in their care. If your loved one is the victim of nursing home neglect or abuse, you may be able to file a lawsuit against the individuals responsible and the facility itself with help from an Atlanta nursing home neglect lawyer.
But you can’t file a claim whenever you feel like it. The state of Georgia limits how long you can wait to file a claim. Here’s what you need to know.
You Have Two Years to File a Claim
In the state of Georgia, you have two years from the date of the incident to file a claim for nursing home abuse. This time frame is known as the statute of limitations and since it’s part of the state’s law, it cannot be extended. If you file within that two-year window, the court will hear your case. But if you wait too long and file a claim after the statute of limitations are up, your case will likely be dismissed.
When your case is dismissed, you may not be able to sue for damages or ensure that the people responsible for the abuse are held accountable.
How to Tell if You Should File a Claim
Unfortunately, many cases of nursing home abuse go unaddressed because the family isn’t aware of their loved one’s condition or isn’t sure of what constitutes nursing home abuse. Before you decide if you should file a claim, consider whether your loved one is being abused. If you can, visit them in person and look for the signs of elder abuse including the following:
- Unexplained Bruising
- Malnourishment
- Bed sores
- Unexplained injuries
- Fragile emotional states
If you notice anything that seems out of the ordinary, ask the nursing home facility about it. If they can provide information about any injuries and document adequate care, they’ve likely done everything right. But if they refuse to discuss your concerns, can’t prove that the injuries your loved one suffered were treated, or you’re otherwise unsatisfied with their explanations, you may want to consult with an Atlanta nursing home neglect lawyer as soon as possible.
Why You Need an Experienced Atlanta Nursing Home Neglect Lawyer
Filing a case against a nursing home or assisted living facility can be time-consuming. And it’s up to you to provide enough initial evidence to show cause for the lawsuit. That’s why it’s always best to work with an experienced attorney. They’ll help you track down evidence and present your case against the nursing home facility to the court.
Protecting Your Loved Ones Is Always a Priority
If you’re worried that your loved one has suffered abuse at a nursing home or assisted living facility in the last two years, don’t write it off. Contact Steven Jones today to schedule a consultation. As an experienced Atlanta nursing home neglect lawyer, Steven Jones will represent your case and help you get the justice your loved one deserves.