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Bed Sore Lawsuit – Statute of Limitations – How Long to File A Case


Bed Sore Lawsuit – Statute of Limitations – How Long to File A CaseThe statute of limitations refers to the time period an injured victim of bed sores has to file a personal injury or elder abuse claim against an at fault (liable) defendant. The statute of limitations for pressure ulcers (also knows and bed sores) is dependent on two important factors (1) The cause of action or type of lawsuit being brought for in the court of law and (2) The jurisdiction where the injury took place. Bed Sore Claims Based on Medical Malpractice: In many jurisdiction unique laws and statutes are put in place in cases dealing with medical malpractice. For example in the state of California an individual has only one year to file a medical malpractice claim; while a general liability claim in two years. Bed Sore Claims Based on Elder Abuse: Because of the unique nature of elder abuse, many jurisdictions across the United States have lengthened the time period to file an elder abuse or nursing home neglect cause of action. For example the statute of limitations in California based on California Code of Civil Procedure §338. 3 years from the date of the injury. Exceptions to Statute of Limitations – What if the Time Period to File has Run: In certain circumstances courts will allow for a tolling (or temporary halting) of a statute of limitations thus allowing for a case to be brought to court despite the passing of the time limit. Some of the most common instances where a statute of limitations is tolled are as follows.
  • Mental incapacitation of the victim
  • Physical incapacitation of the victim
  • The significance of the injury did not manifest itself until after the incident had take place

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