Generally speaking, plaintiffs should bring an elder abuse case within one year of the date that they discover an injury from the abuse. However, to be safe, the case should be brought within one year of the first act of abuse, although the statute of limitations may be extended past one year if the plaintiff was mentally incapacitated or failed to discover an injury. Further, if the case involves a pattern of continuing wrong, the statute of limitations may also be tolled for a period of time.

In the case of a wrongful death caused by a nursing home, the survivors will generally have one year from the date of death to bring the lawsuit.

In survival actions, the estate or survivors must bring the case within six months of the death of the elder or dependent person or within one year of when the cause of action “accrues,” whichever is later.

Further, note that if the case is against a government entity, a claim must be brought within six months of the discovery of the abuse or death.

To be absolutely safe, plaintiffs should proceed quickly in an elder abuse case. For a discussion of statute of limitations in cases against health care providers, see the Medical Malpractice section of this web site.

If you are a concerned relative or friend of an elderly person that you believe is suffering from elder abuse in the Los Angeles area, we’d like to hear from you. Contact us online or call us at 818-756-2029 to set up a FREE consultation to discuss your legal options.