When you choose a nursing home for your loved one, you’re trusting that their caregivers will treat them with the respect and dignity they deserve. Unfortunately, nursing home abuse is far more prevalent than many people realize. In some cases, nursing home neglect and abuse can even lead to death.
Losing a loved one is always painful, but when their death was the direct result of nursing home abuse, that grief is compounded. While you and your family will understandably want to take time to grieve, you’ll also likely want to pursue justice on your loved one’s behalf.
Typically, that justice comes in the form of a civil lawsuit. However, under Arkansas wrongful death law, you only have a limited amount of time to file a lawsuit. How long is statute of limitations for nursing home death? Here’s a closer look.
Arkansas Statute of Limitations for Wrongful Death From Nursing Home Negligence
If you’ve recently lost a loved one as a result of nursing home abuse or neglect, you may have found yourself searching, “How long to file nursing home wrongful death claim in Arkansas?”
Each state is free to set its own statute of limitations for wrongful death cases, and that deadline is often the same as it is for medical malpractice and other kinds of personal injury claims.
In Arkansas, the statute of limitations to file a wrongful death claim is three years. However, a wrongful death claim related to medical malpractice is two years. Two years is what we typically go by.
What Triggers the Statute of Limitations Clock in Arkansas?
The filing deadline for nursing home wrongful death lawsuit in Arkansas is typically two years, but many family members aren’t sure when the clock starts running.
As in many states, the Arkansas wrongful death claim time limit countdown begins on the date of the qualifying incident. This means that if you intend to seek compensation from the negligent nursing home, you have two (or three in rare cases) years from the day of your loved one’s death.
Why Statutes of Limitations Matter in Nursing Home Death Cases
Some people make the mistake of thinking the time limit to sue for nursing home death in Arkansas is simply a suggestion. Unfortunately, that’s not the case.
It’s important to understand that the statute of limitations for wrongful death cases is a hard deadline. Once the statute of limitations has passed, you won’t be able to file a wrongful death claim. There are limited exceptions to the statute of limitations, but you should never assume that you’ll qualify for one of these exceptions without talking to a lawyer first.
It’s also important to realize that the Arkansas nursing home death claim deadline is the date by which you must actually file your lawsuit, not the deadline to start discussing your case with a lawyer.
Proving nursing home abuse is often more complex than it sounds, and the more time you can give your lawyer to gather evidence, the better. While it’s sometimes possible to put together a lawsuit on short notice, the case likely won’t be as strong as it could be.
Common Reasons Families Miss the Deadline — and How to Avoid It
Unfortunately, some families miss the nursing home abuse death lawsuit time limit in Arkansas. In nearly every case, this leaves them unable to take any kind of legal action. Here are some of the most common reasons families miss this critical deadline:
They Aren’t Aware of It
Most people don’t expect to suddenly lose family members to negligence. Understandably, they may not even know that a statute of limitations exists. In these cases, families who have lost loved ones may approach a wrongful death lawyer only to be told they have no recourse.
They’re Too Burdened by Grief
Grief takes an immense mental and physical toll. It may feel impossible just to go through the motions of everyday life, and taking the time to find and consult with a lawyer can seem totally overwhelming.
You don’t have to seek out a lawyer immediately after your loss. However, if you can summon the energy to talk to an attorney relatively soon, you might find that you have a sense of empowerment and a means of pursuing justice.
They Believe They’re an Exception
There are certain exceptions to the statute of limitations, but they’re few and far between. If you’re not a lawyer, it’s easy to mistakenly think you qualify as an exception when you don’t.
They Have Trouble Dealing With Insurance Companies
After a wrongful death, families may be pressured to accept low early settlement offers. Insurance companies can be aggressive and intimidating, and if you’re already weighed down by grief, it can be difficult to think clearly.
To avoid this situation, it’s a good idea to never accept any kind of insurance settlement (especially one for wrongful death) without first speaking with a lawyer.
They’re Overwhelmed by the Legal Process
Many people who have lost someone to nursing home abuse have never dealt with the legal system before. Even the idea of a lawsuit may seem foreign.
Sometimes, families will consult one wrongful death lawyer, have their case turned down, and give up. You should never assume that because one lawyer refused your case, all others will, too.
Filing Early: Legal and Emotional Advantages
Some people who ask, “How long is statute of limitations for nursing home death?” do so because they want to see how long they can wait before talking to a lawyer. When you’re still coming to terms with a loved one’s death, just the thought of starting a wrongful death lawsuit may be too much to deal with.
If at all possible, however, filing promptly can be advantageous — and not just in a legal sense. The following are some of the main benefits of filing your lawsuit early in the Arkansas wrongful death lawsuit filing period:
Evidence Will Be Preserved
Evidence doesn’t stay around forever. For instance, many lawyers handling nursing home abuse cases will check facility surveillance footage for suggestions of wrongdoing. Most facilities will record over existing footage after a certain period, so filing early may help you gather as much compelling evidence as possible.
Your Lawyer Will Have More Time for Strategy Development
The best legal strategies often evolve over time. When you start pursuing an Arkansas wrongful death case sooner rather than later, your attorney will have ample time to build and refine a custom legal strategy.
You Might Help Someone Else
If a nursing home’s negligence led to the death of your loved one, other nursing home residents have likely been impacted as well. By filing a lawsuit early, you may be saving other family members from the same grief you’re going through.
You’ll Gain a Sense of Justice
Senselessly losing a loved one can leave you feeling powerless. When you turn your focus toward legal action that will hold the responsible parties accountable, you may feel like you’re honoring your loved one’s memory.
It May Lead to Better Financial Security
After covering your loved one’s medical bills, funeral costs, and other end-of-life expenses, your family may be financially stressed. Wrongful death cases can take months (sometimes even years) to resolve, so getting started early makes it possible to access financial support sooner.
Talk to an Arkansas Wrongful Death Attorney Before Time Runs Out
Knowing the statute of limitations for wrongful death in Arkansas is just part of the picture. If you’re considering pursuing a nursing home abuse lawsuit, the next step is to consult an experienced wrongful death attorney.
During your free consultation with Arkansas Legacy Planning, we’ll discuss your situation to determine whether you have a viable legal case. If we think we may be able to recover compensation for you, we’ll offer to represent you.
Whether your loved one’s death was due to a negligent or intentional act, our team will need to conduct a thorough investigation of the circumstances. During that investigation, we may gather a wide variety of evidence, including:
- Your loved one’s medical records
- Incident reports from the nursing home
- Records of other nursing home abuse cases at the same facility
- Care logs
- Witness statements from staff members, visitors, and other nursing home residents
- Disciplinary records for staff members
- Testimony from medical experts
We have extensive experience investigating wrongful death cases involving nursing home abuse, and we’re ready to put that experience to work for you.
Have You Lost a Loved One to Nursing Home Abuse?
Understanding the legal time frame for nursing home wrongful death claim in Arkansas is the first step toward seeking justice for your loved one. The team at Arkansas Legacy Planning is committed to obtaining fair and adequate compensation for families facing the loss of a loved one due to nursing home abuse.
We offer free, no-obligation consultations, and if we take your case, you’ll only pay us if we win. Even if you aren’t entirely sure you want to pursue legal action, we still encourage you to contact us before the statute of limitations expires. Our lawyers can help you understand your legal options going forward.
We understand the unique pain that comes with losing a loved one to someone else’s negligence. While financial compensation can’t replace what you’ve lost, it’s our hope that any support you receive will grant you the freedom and peace of mind you need to grieve. Contact us today to start your wrongful death claim.
