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What circumstances would allow a statute of limitations to be overturned?

Escondido, CA |

If there are extreme extenuating circumstances and multiple hospitals and nursing homes involved as well as other issues can someone take steps to a higher court to over rule or overturn a statute of limitations regarding extreme negligence and wrongful death?

Attorney Answers 5

  1. Courts can apply a continuing wrong theory to extend the SOL if there is fraud, or if there are other compelling reasons to show why the negligence was not detected.

    Ryan Finn * 518.213.0115 * * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases

  2. You would need a very compelling reason to overturn a statute if limitations and even then it's extremely difficult.

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  3. This is a complicated question that would require that you provide many more facts and details to answer. There are exceptions to the statute of limitations and there are conditions that toll the running of the statue of limitations. The one that most readily comes to mind in the nursing home setting is if the plaintiff lacked mental capacity. Get in touch with a qualified nursing home attorney in your state and discuss the particular facts of your situation.

  4. In California, if you can show elder abuse by clear and convincing evidence, you have two years from the date of discovery. The date of discovery is when you knew or should have known of the alleged abuse.

    Your biggest issue with bringing in a lot of different nursing homes and hospitals is that you will create a finger pointing game, wherein each defendant will point the finger at the other. Thus, it is best to pin down one or two defendants as opposed to multiple

    Best of Luck.

    Ian A. Scharg
    555 Capitol Mall, Suite 770
    Sacramento, CA 95814
    (916) 444-8240
    Toll Free: (877) 529-6305

    Nursing Home Abuse. Elder Law. Class Actions. Fraud.

    This is not legal advice and does not create an attorney-client relationship. You should consult an attorney if you have any questions regarding this matter.

  5. A mental disability could toll the statute.

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