A recent nursing home negligence lawsuit out of Massachusetts underscores how important it is to promptly consult with an experienced personal injury attorney. Specifically, it’s imperative that all claims be filed within the appropriate statute of limitations, which can vary depending on the type of claim, where the claim occurred and the identity of the defendant.
In a case of alleged nursing home negligence, plaintiff’s claim for damages due to wrongful death failed after claimant reportedly missed an important statute of limitations deadline. The reason he missed it, according to court records, is that defendant nursing home in this case was operated by a branch of the federal government. As such, it was subject to certain statutory provisions that differed from state statutes. Specifically, the statute of limitations for wrongful death actions.
State law in Massachusetts requires all wrongful death actions be brought within three years of when the cause of action arises, meaning either when the death occurs or when its cause (in this case, nursing home negligence) becomes known or was knowable. Meanwhile, federal tort law (like Florida law) requires all wrongful death actions be filed within two years of when the cause of action accrues. Continue reading →