The statute of limitations period is unique to every cause of action. Retaining a nursing home injury lawyer could help you seek financial compensation for your injuries.
The Statute of Limitations for Personal Injury Actions in Tennessee
The statute of limitations is a time period during which injured victims must file their legal claims. If the injured victim files a legal claim after the statute of limitations period has passed, then the victim cannot pursue their legal claims. The statute of limitations period for personal injury actions in Tennessee is one year from the date of injury.
Some exceptions may apply to the statute of limitations, but on the whole, the strict rule operates. Injured victims are not supposed to rest on their rights. It will benefit your case if you bring your legal claims as soon as possible.
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Nursing Home Abuse
The elderly constitute one of the most vulnerable groups of people in society. Sometimes elder abuse is not reported.
Employees at nursing homes may abuse patients by neglecting them or not providing them with their required medication. These problems can have pervasive social and economic effects on society as a whole.
The news media often does not cover elder abuse or nursing home abuse. The majority of people in our culture may not be able to relate to the elderly. Consulting with a nursing home abuse attorney can help you understand the legal options that may be available to you.
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Elder Abuse and the Statute of Limitations
Many elderly individuals suffer from cognitive impairment due to Alzheimer’s disease and other health conditions. Memory impairment also can arise due to aging and other health conditions. The statute of limitations is a tool for creating equilibrium between the interests held by plaintiffs and defendants.
Laypeople may not understand the purpose of having a strict statute of limitations period. Every individual cause of action has its own corresponding statute of limitations period. Some causes of action have shorter or longer statute of limitations periods that reflect public policy decisions.
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Common Exceptions to the Statute of Limitations Period in Tennessee
Several exceptions to the statute of limitations period exist. The injured victim’s particular circumstances may have an effect on whether the statute of limitations is tolled. When the statute is tolled, it stops running, and the time does not continue to accrue.
The statute of limitations may be tolled if the injured party is younger than eighteen years of age. Typically, the statute of limitations will begin to run when the minor turns eighteen. Also, the statute of limitations will be tolled if the injured party is incompetent.
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Elder Abuse Often Goes Unreported in the State of Tennessee
Unfortunately, many incidents of elder abuse go unreported in the State of Tennessee. Nursing home abuse is one of the largest problems in the country that harms one of the most vulnerable sectors of society. Sexual assault, theft, and duress are some of the offenses facing nursing staff in nursing homes in the State of Tennessee.
The statute of limitations provides a period of time during which an injured party can still bring a civil lawsuit even if they are delayed in discovering their injuries. Elderly individuals also may lack the cognitive capacity to understand they are being abused. These issues can make nursing home abuse cases difficult to litigate.
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The Value of Nursing Home Lawsuits
Nursing home cases are typically resolved through settlement negotiations. Every nursing home abuse case is unique, and elder law is a complex field. Therefore, many individuals want to know if they can ascertain the approximate value of their nursing home abuse case.
It is difficult to establish how much any case may potentially settle for in the future. However, the following are factors relevant to the value of a nursing home abuse case:
- The amount of money the nursing home company or their insurance company possesses
- If the documentary evidence is strong or weak
- The costs of medical treatment
- The degree of abuse or neglect suffered by the injured party
- Whether or not nursing home abuse has occurred in the same medical facility in the past
No individual can predict what any one case will settle for at any future date. Also, it is impossible to guarantee that a particular civil lawsuit will settle for a specific amount. Numerous factors determine the ultimate economic value of a nursing home abuse case.
The Length of Time It Takes to Settle a Nursing Home Abuse Case
Many civil lawsuits settle before trial, but this does not mean that all cases are resolved in a timely manner. It is possible for a nursing home abuse case to be in litigation for six months to two years or longer before a settlement agreement is signed by both parties. Multiple factors contribute to the length of time it may take for a civil lawsuit to settle.
If a case does not settle, it will proceed to a trial by a judge or jury. However, civil trials are rare, and the majority of cases settle before trial. But if a civil lawsuit does go to trial, then it is possible that the case will take even longer to resolve.
Sometimes clients want a definite time period in which their civil lawsuit will settle. Unfortunately, it is impossible to provide any definite deadline for the conclusion of a civil lawsuit. Some cases take longer to settle than others, and this often depends on the amount of evidence presented and the witnesses who possess information regarding the incident.
Speaking to an Elder Abuse Attorney If You Have Questions About the Statute of Limitations
A knowledgeable elder abuse attorney can provide you with details regarding exceptions to the statute of limitations in Tennessee. Having a knowledgeable attorney on your side will help you understand when you may and may not see a tolling of the statute of limitations period. Contact us today to schedule a free consultation.