Can You File a Nursing Home Abuse Lawsuit From a Different State?

Picture this scenario: You live in Illinois and your elderly grandmother lives in a nursing home or long-term care facility in Florida.

You get a call from a family friend who also lives in Florida and visits her frequently and that friend tells you they have strong reason to believe your grandmother is being abused or neglected. You know you need to act quickly to keep your grandmother safe.

But what can you do when you live multiple states away? Can you file a nursing home abuse lawsuit from a different state?

The quick answer is likely yes. However, each state has different laws or regulations regarding filing a lawsuit against a nursing home, and it’s vital to any legal claim you may file that you understand and adhere to those laws.

In this post, we’ll discuss some of the varying laws and statutes for different states, some steps to take before moving forward in taking legal action, and why you should have an attorney support you when you file a nursing home abuse lawsuit.

Nursing Home Abuse Laws Vary by State

If you are considering filing a nursing home abuse lawsuit, especially from a different state than where your loved one resides, it’s in the best interest of both you and your family member to make sure you find a qualified lawyer who understands the laws of the state where that relative resides.

In the case of Illinois and Florida, it happens to be that, in most cases, the same statute of limitations, which is a 2-year filing deadline, applies in both states. However, you can expect that to be the case in all jurisdictions. Even when there are exceptions to the general rule, the conditions under which they apply may not be the same, so having an attorney familiar with the laws specifically applicable to your family member’s case is critically important when ascertaining what their legal rights are.

Florida is one of the top two states with the largest population of elder adults (adults aged 65+) and takes elder abuse very seriously. Elder abuse is considered a felony in Florida, and there are more than 20 listed rights for nursing home residents in Public Health Statute 400.022 and Social Welfare Statute 429.28.

Continuing this example, if your loved one is being abused or neglected in Florida, they have more laws to protect them, as well as more time to file a lawsuit against the facility or person responsible for harming them. Also, there are federal nursing home laws and regulations that often apply to cases like these in addition to the state statutes.

Steps To Take Before a Lawsuit

When a loved one has been harmed, a lot of people want to jump straight into a lawsuit to hold accountable those responsible for the mistreatment. However, in most cases, taking a few extra steps, including the following, before filing a lawsuit may be beneficial to your loved one and their case.

Ensure Negligence Is Provable

To have grounds to file a lawsuit, you must prove that the mistreatment occurred, more specifically, elements of negligence must be present.

Those elements are that:

• The nursing home owed a duty of care to your loved one
• That duty was breached
• The breach of duty caused harm to your loved one
• Your relative suffered damages associated with the nursing home’s violation of their duty

Report the Abuse

If you suspect mistreatment of your loved one or others in a nursing home, it’s best to report it to the proper authorities, such as your state ombudsman, as soon as possible. Without a report, more abuse or neglect will continue, even if you pursue a lawsuit on behalf of your loved one.

Hire a Nursing Home Abuse Lawyer Before Filing Your Lawsuit

Having legal support for a nursing home lawsuit is essential. Not only are cases like these highly sensitive and complex, but the laws and statutes of each state may change, or there may be exceptions to some laws that apply to your case.

For example, although the statute of limitations in Florida is generally two years, as we mentioned above, exceptions to the rule exist. For example, if any evidence or facts about the case were concealed, then two or more years may be added to the usual limit. Other exceptions to a statute of limitations may be:

• If the injury resulting from abuse doesn’t appear until a later time
• If the party responsible for your loved one’s harm misrepresents or fraudulently conceals evidence or facts
• If your loved one had or has a mental or physical disability or incapacity due to the abuse and was unable to file a claim themselves

Alongside the exceptions mentioned above, state statutes change periodically as laws become updated over time. Also, state statutes vary between civil and criminal cases, with criminal cases having longer (or no) limitations depending on the severity of the violating offense. And while most nursing home abuse lawsuits are filed under civil law, some may be considered criminal if an act of violence occurred.

Even if you live in another state than your loved one who is being mistreated, a skilled attorney who understands the complexities of state laws will ensure your loved one gets the best possible outcome in their case.

Your lawyer can assist you in filing a nursing home abuse lawsuit to help protect your loved one and possibly others from being abused in the future.