By: Darrell Castle
You should file a nursing home abuse case as soon as possible, especially in Tennessee.
If your elderly loved one is being abused or neglected, we want to help you. This is something that WILL NOT be tolerated. Call (901) 327-1212 to schedule a FREE case evaluation, or fill out one of the contact forms on this page.
How long should you wait to file your nursing home case?
Hi I’m Darrell Castle and I’m an attorney licensed to practice law in the state of Tennessee and the answer to that question if you’re in my state of Tennessee is not very long because the statute of limitations will eliminate your case pretty quickly because it has the shortest statute of limitations of any state in the nation.
There are good and bad things about that that we can talk about, but basically you have one year from the date of the injury, or the date you learned of the injury, or in the exercise of due care, you should’ve learned about the injury.
So think about it as one year from the date of the injury. You have to have filed your case by then so you need to see an attorney and give the attorney long enough to comply with the notice requirements and things of that nature.
So thats the length of time for the statute.
Now, in Tennessee that one year statute is good and bad as I said.
It’s good because it forces you to move faster. It forces both sides of the litigation to work faster. You have to get that case filed. You can’t let it sit there for four or five years before it’s filed.
The bad thing about it is it’s very short and you have very little time. If you have a loved one who is a victim of nursing home neglect, nursing home injury, someone suffering from bed sores or trauma, broken bones or God forbid a sexual assault or something like that, you have only one year, or at least one year from the date you learned about it, to make your case. So you need to get into a qualified attorney’s office and discuss it with him.
Don’t wait – that’s the point. Don’t depend on a statute that says one year from the date you learned of it or in the exercise of due care you should’ve learned of it. Let your attorney go over all of that with you.
If you think it might be too late, talk to an attorney. Make sure before you give up, folks. But get your claim filed fast.