How Long Do You Have to Sue a Nursing Home?
If a long-term care resident suffers nursing home abuse or neglect, the resident or their loved ones may be able to file a lawsuit over the harm and improper care.
However, each state has a nursing home abuse statute of limitations that places strict legal deadlines on how long residents or their families have to sue a nursing home for abuse or neglect.
The statute of limitations for nursing home abuse lawsuits is typically 2-3 years from the date of the incident or when the abuse was discovered. However, in some states, you may only have 1 year to file a claim.
Once this deadline passes, you may lose your chance to seek compensation and hold the facility accountable for your loved one’s suffering — even if there’s strong evidence of abuse.
At Sokolove Law, our nursing home neglect attorneys have helped clients across the country and can help you understand your rights. Contact us as soon as possible, so you don’t miss your chance to pursue justice.
Nursing Home Neglect Statute of Limitations in All 50 States
Each state has its own rules for how long families have to file a nursing home abuse or neglect lawsuit. However, a number of factors may affect the statute of limitations that applies to your case.
Even if you think the deadline in your case has passed, a nursing home abuse attorney may still be able to help.
Find out more about the nursing home neglect statute of limitations in all 50 states.
| State | Nursing Home Abuse Statute of Limitations | Nursing Home Wrongful Death Statute of Limitations |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 2 years | 2 years |
| Colorado | 2 years | 2 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years |
| Florida | 2 years | 2 years |
| Georgia | 2 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 2 years (1 year for injuries before 7/1/2024) | 1-2 years |
| Maine | 6 years | 3 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 6 years | 3 years |
| Mississippi | 3 years | 3 years |
| Missouri | 5 years | 3 years |
| Montana | 3 years | 3 years |
| Nebraska | 4 years | 2 years |
| Nevada | 2 years | 2 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | 3 years | 2 years |
| North Carolina | 3 years | 2 years |
| North Dakota | 6 years | 2 years |
| Ohio | 2 years | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 3 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 3 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 3 years | 3 years |
| Tennessee | 1 year | 1 year |
| Texas | 2 years | 2 years |
| Utah | 4 years | 2 years |
| Vermont | 3 years | 2 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 4 years | 2 years |
Nursing home neglect statutes of limitations are subject to change, and these laws can be difficult to navigate on your own. Our experienced team knows the laws in all 50 states, and we’re prepared to fight for justice on your behalf.
Call (800) 995-1212 now to see if our nursing home attorneys can help your family file a lawsuit before the deadline. It costs nothing to speak with us.
What the Statute of Limitations for Nursing Home Neglect & Abuse Means for You
When a loved one suffers abuse or neglect in a nursing home, the emotional impact can be overwhelming. On top of that, strict deadlines set by the nursing home abuse statutes of limitations determine how long you have to take legal action.
These time limits exist to ensure cases are handled while evidence is still available, but they can also prevent you from seeking justice if you wait too long. By understanding the deadlines that apply in your case, you can make sure your loved one’s rights are protected.
The statute of limitations for nursing home neglect and abuse means you:
- Only have a limited amount of time to take legal action
- May miss out on compensation from a nursing home abuse settlement or verdict if you wait too long
- Should reach out to a nursing home abuse attorney as soon as possible
Compensation from a successful claim can help with medical bills, relocation costs, funeral expenses, and more. It’s important to act quickly, so you don’t miss out on the financial support your family deserves.
“I contacted Sokolove Law to get advice on my aunt, who is being neglected in a nursing home. They called me back right away, and the person I spoke to was professional, compassionate, and able to relate to my situation. I am very grateful for them.”
– Nicohl A., Sokolove Law Client
Factors Impacting the Elder Abuse Statute of Limitations
The statutes of limitations for elder abuse aren’t always straightforward. Several key factors may impact the amount of time you have to file a nursing home abuse lawsuit.
To make matters more complicated, elder abuse statute of limitations aren’t set in stone and may change as states introduce updates or new laws.
Factors that may affect the elder abuse statute of limitations include:
- State laws: Each state sets its own nursing home negligence statute of limitations, which can range from 1 to 6 years.
- Discovery rule: Some injuries from abuse or neglect, like bedsores, may not be immediately apparent. The statute may begin when the injury is discovered.
- Mental capacity of the victim: Some states may extend deadlines for residents with dementia, Alzheimer’s, or other conditions affecting their ability to recognize or report abuse.
- Type of harm: Certain types of abuse, like sexual abuse or medical malpractice, may have different deadlines.
- Wrongful death claims: If a resident dies due to abuse or neglect, the nursing home statute of limitations may differ from standard abuse claims.
Because these rules vary, it’s important to work with a national nursing home abuse law firm like Sokolove Law. We understand the nuances of each state’s laws and have the experience needed to go up against nursing homes across the country.
“We've probably seen more cases and secured more compensation than any other nursing home abuse firm in the county. Our team is fighting to change the system, so all nursing home residents are provided with a safe place to live.”
– Jim Sokolove, Firm Founder (Retired 2013)
Get Help Filing a Nursing Home Lawsuit Before the Deadline
At Sokolove Law, we can help families in all 50 states navigate strict legal deadlines and file nursing home lawsuits on their behalf. We’re committed to holding negligent care facilities accountable and securing justice for those they’ve harmed.
Find out why families put their trust in our nursing home law firm:
- More than 45 years of experience fighting for those harmed in long-term care facilities
- No upfront costs or hourly fees to work with our team
- Over $318 Million total recovered for victims of nursing home abuse and neglect
If your loved one has been harmed in a nursing home or assisted living facility, don’t wait. Let us help you take legal action before the statute of limitations on your nursing home neglect claim runs out.
Call (800) 995-1212 now or fill out our contact form to get started with a free, no-obligation case review.
Nursing Home Negligence Statute of Limitations FAQs
What is the statute of limitations on nursing home neglect?
The statute of limitations on nursing home neglect is a law that limits how long you have to file a lawsuit against a facility that caused your loved one to suffer.
This deadline varies from state to state, but once it passes, you may not be able to take legal action again.
Contact Sokolove Law now to get started with your nursing home neglect claim before it’s too late.
Is there a statute of limitations on elder abuse in nursing homes?
Yes. Every state has a law that determines how long you have to file a lawsuit for elder abuse or neglect in a long-term care facility. In most states, the statute of limitations for elder abuse typically ranges from 1 to 3 years after the incident occurred or was discovered.
What qualifies as nursing home abuse or neglect?
Nursing home abuse or neglect happens when a facility fails to provide the safe, quality care residents are legally entitled to. This can take many forms, including:
- Hitting, slapping, or roughly handling residents
- Not meeting a resident’s basic needs involving food, water, hygiene, and medical care
- Any unwanted or non-consensual sexual contact
If you think your loved one may have been abused or neglected at a long-term care facility, you may be able to file a lawsuit against the nursing home responsible for their suffering.
How much can you sue a nursing home for abuse or negligence?
The average nursing home negligence settlement is around $400,000, but in some cases, we’ve secured much higher results for families across the country.
Some of our past nursing home abuse settlements and verdicts include:
- $18.2 Million to an elderly woman in Rhode Island who suffered a heart attack
- $1 Million for a man whose mother passed away in California
- $1.35 Million to an Alabama patient with a shoulder injury
- $1.11 Million for a Florida woman who suffered a heart attack in care
- $1.5 Million to a Minnesota woman with stage 4 bedsores
- $2 Million for a Massachusetts woman who passed away after her catheter became infected from not being changed
Call (800) 995-1212 now to see if you may be eligible for compensation from a nursing home settlement. It costs nothing to speak with us.
How long do you have to sue a nursing home for abuse or neglect?
You have anywhere from 1 to 6 years to sue for nursing home abuse or neglect, depending on the state where you’re filing your claim. However, most states only allow for 2 to 3 years after the incident occurred or the abuse is discovered.
How long does it take to sue a nursing home?
The amount of time it takes to sue a nursing home depends on the circumstances of each case, like the strength of the evidence and whether or not the facility is willing to engage in settlement discussions. Some cases may resolve in a few months, while others may take longer.
At Sokolove Law, we know families affected by nursing home abuse often face financial strain due to medical bills, the cost of transferring a loved one to a safer facility, and even funeral expenses. That’s why our team is committed to resolving your case as quickly as possible.
