How Long Do I Have to File a Nursing Home Abuse Claim In New Mexico?

When you find out that your loved one is being mistreated in a New Mexico nursing home, you may be asking yourself, “How long do I have to file a nursing home abuse claim in New Mexico?” The length of time you have to file a valid claim depends on the type of mistreatment your loved one experienced and the facts of their case. To ensure you file a strong claim and hold negligent facilities accountable, you should work with a trusted nursing home abuse lawyer.

Statute of Limitations for Nursing Home Abuse Claims in New Mexico

In New Mexico, most cases of nursing home abuse fall under the general umbrella of personal injury law. In most New Mexico personal injury cases, the statute of limitations is three years. This three-year limit begins either from the date of your loved one’s injury or from the date that it was discovered. This means that, according to New Mexico nursing home abuse laws, generally, a family has three years to file a claim against a negligent nursing home or caregiver.

It’s important to note the legal tool known as the “discovery rule.” This rule may extend the length of time a person has to file a valid legal claim in New Mexico. Sometimes, abuse or neglect isn’t immediately apparent, and injuries may show up later, or records may uncover mistreatment long after it occurred. The judicial system recognizes this issue and typically begins the time limit for action once harm is identified, not when it transpired.

Nevertheless, the rules can be complex. A delay of even a day can cause the dismissal of a case, making it crucial that you build and file a claim with an experienced lawyer who can help you avoid potential issues.

What to Do If You Suspect Nursing Home Abuse

New Mexico has a large population of older adults, which is only increasing as years pass. In fact, reports estimate that by 2030, 32.5% of New Mexico’s population will be 60 years of age or older. These numbers only emphasize the number of potentially vulnerable adults who currently live in or will need long-term care facilities in the future.

If you believe your loved one is suffering from nursing home abuse or neglect in New Mexico, it is important to act right away. The longer you go without taking action, the less evidence you can preserve and the more harm your loved one faces. However, you must have powerful evidence before you file a claim, as filing a claim with poor evidence may result in retaliation against your loved one or a dismissed claim altogether.

If you suspect nursing home abuse in New Mexico, you should take the following steps:

• Seek Medical Care Immediately. Your loved one’s safety should always be a priority. If you suspect abuse, you should have them checked out by medical personnel separate from their nursing home. If they show any signs of abuse or neglect, be sure to document all of it.
• Document Everything. Collect as much evidence as you can to demonstrate that abuse or neglect occurred. Strong evidence can include medical records, professional testimony, eyewitness testimony, any communications you’ve had with the facility, especially if they’ve given you vague or questionable explanations of signs of abuse, photos and videos of facility conditions, financial records that may point to theft, and more.
• Report the Abuse. Once you’ve documented the abuse, you should report it to both the nursing home and the proper authorities. You can file a complaint with Adult Protective Services or the New Mexico Department of Health.
• Hire a Nursing Home Abuse Lawyer. Even when you are unsure of whether you want to file a claim, it’s important to seek legal support and hire a nursing home abuse lawyer. A skilled attorney can help you evaluate whether you have grounds for a claim, explain your options, and help you pursue whichever form of justice is fit for your situation.

About Branch Law Firm

The team of attorneys at Branch Law Firm has worked with New Mexico families for more than four decades, fighting to protect their rights and secure justice for those who others have harmed. We have seen firsthand how mistreatment of elders can impact their lives and are devoted to holding negligent nursing homes and their staff accountable. Our team fights tirelessly to protect vulnerable seniors both during settlement negotiations and in court trials.

FAQs

How Long Do You Have to File a Tort Claim in New Mexico?

In New Mexico, the statute of limitations for tort claims, which typically includes most nursing home abuse cases, is three years. This period generally begins from the date of the injury or when the harm to your loved one was discovered. Exceptions may apply for specific nursing home abuse cases, such as wrongful death or claims against government-operated facilities.

Is It Hard to File a Claim Against a Nursing Home for Neglect in New Mexico?

While it may be complicated to file a claim against a New Mexico nursing home, it is not impossible. Countless family members file legal claims against New Mexico nursing homes every year after finding out their loved ones have been mistreated. To ensure you build the strongest claim possible and secure justice, it’s crucial that you work with an experienced New Mexico nursing home abuse lawyer who can advocate for you.

What Kind of Claim Is Most Commonly Filed Against New Mexico Nursing Homes in Private Actions?

The majority of private claims brought against New Mexico nursing homes are grounded in negligence. Family members usually assert that the nursing facility provided substandard care, which caused injuries, illnesses, or aggravated existing medical conditions. Complaints against nursing homes frequently focus on hygiene neglect and medical errors, along with failures to prevent falls and bedsores, as well as inadequate supervision.

What Damages Can Be Recovered in a Nursing Home Abuse Claim in New Mexico?

In a nursing home abuse case in New Mexico, families may be able to recover both economic and non-economic damages. Economic damages cover medical expenses and therapy costs, along with relocation or long-term care in certain situations. Non-economic damages cover the victim’s pain and suffering as well as emotional distress and loss of companionship. Additional punitive damages can be used in extreme instances to punish the facility.

Trusted New Mexico Nursing Home Abuse Lawyers

If your loved one has been abused or neglected in a New Mexico nursing home, the team of attorneys at Branch Law Firm can help you seek justice. Contact us today to schedule a consultation and begin building a case against careless facilities.