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When filing any type of legal claim, it is essential to understand the relevant statute of limitations. This statute determines the length of time you have to file the claim. Missing it may result in an inability to file a claim altogether. The New Mexico nursing home abuse claim statute of limitations is a strict law that cannot be lifted except in extreme circumstances.
To ensure your claim is handled properly, you can hire a nursing home abuse lawyer. A lawyer who is experienced in handling similar cases can not only help you file the correct paperwork but can also support you throughout the entire process and represent you in court if necessary. Having legal representation can increase your chances of getting the justice you want and deserve.
Nursing Home Abuse Statute of Limitations in New Mexico
As of 2024, more than 800,000 individuals live in nursing homes in the United States. The statute of limitations for nursing home abuse varies from state to state. The start date is usually the day that the injury was discovered. In New Mexico, a person has 3 years from the day the abuse was discovered. However, for an individual who is filing their own case, this date may be set as the day on which the abuse occurred.
While this rule is generally fixed and unable to be changed for any reason, there are specific extenuating circumstances that may allow for a longer period of time to lapse than usual while still allowing a victim to file a claim. An example of such circumstances would be if injuries did not appear until later, such as bruising or internal damage.
Statutes of limitation are put into place to preserve the accuracy of relevant information. It can be difficult to retrieve and assimilate evidence in criminal cases committed at the time they are reported, and even more difficult for older cases. Eyewitnesses, records, and other evidentiary details can be lost or forgotten as time passes. These are just some of the reasons why statutes of limitation are put into place.
Examples of Abuse
Some cases of abuse are between a resident and a staff member, while others are between residents. There are also different types of abuse, such as physical, sexual, and verbal. In New Mexico, individuals who are abused in nursing homes are protected by numerous laws and regulations at both the state and federal levels.
Each nursing home has its own policies and procedures for residents and staff who commit acts of abuse. These may vary from facility to facility, but there are always consequential actions taken against such offenders.
Regardless of the type of abuse your loved one has suffered, there are numerous counseling services in Albuquerque that can help. Some options are listed below:
- Walsh Counseling Services: 2155 Louisiana Blvd NE, Suite 4200 Albuquerque, NM 87110
- Acceptance Counseling: 1500 Mountain Rd NW | Albuquerque, NM 87104
Why Choose Us?
When it comes to fighting a case of nursing home abuse, it is vital to have a legal team on your side that understands the complexities you are facing. The Branch Law Firm has served victims of abuse for 40 years. Our firm has fought to set new standards for the statute of limitations regarding the discovery rule in product liability cases, which became state law. We care deeply about fighting for victims of abuse and are here to fight for you.
FAQs
What Is a Statute of Limitations?
A statute of limitations is a law that explains the certain amount of time a person has to file a claim regarding someone else’s unlawful act. There are various statutes of limitations for different crimes, some of which even differ from state to state. It is important to understand the statute of limitations for a crime that has been committed against you so that you can make sure to file all paperwork according to the mandatory timeline.
What Is Defined as Abuse?
The specific definition of abuse in New Mexico can vary depending on the specific circumstances being discussed. For residents of nursing homes, abuse is typically described as the intentional infliction of harm on another individual. Such abuse may be physical, emotional, sexual, or verbal. In some cases, it can also involve the misuse of another person’s property or assets.
How Do You File an Abuse Claim?
The first step in filing an official claim of abuse in New Mexico is to contact the New Mexico Health Care Authority. Their website offers a way for individuals to submit a claim of abuse. This agency can then investigate your claim and take the next appropriate steps. However, it is helpful to have the guidance of a lawyer throughout this process. Even before you file a claim, you can hire a lawyer for advice and help.
Do I Need a Lawyer to File an Abuse Claim in New Mexico?
While you are not required to hire a lawyer prior to filing an abuse claim in New Mexico, you can benefit greatly from the legal guidance they offer. A lawyer can gather relevant evidence, support you in court, assist you in filling out the required paperwork, interview witnesses, and perform other necessary duties. They can help you carry the legal burden so that you can care for your loved one.
Hire a Nursing Home Abuse Lawyer: The Branch Law Firm
When you hire a nursing home abuse lawyer, you are taking a step towards achieving justice for your loved one. In addition to helping you navigate the difficulties of handling a legal case, a lawyer can also help you understand the statute of limitations that apply to you. When you hire a lawyer to help you juggle the legal details, you are less likely to miss a deadline or forget to submit required paperwork.
At the Branch Law Firm, we have successfully helped countless clients get the justice they deserve. Our team advocates for victims of personal injury, abuse, and wrongful death. We are passionate about meeting each client where they are and helping them with whatever they need. Contact us today to learn more about who we are and what we may be able to do for you.