The Deadline to File a Florida Nursing Home, Assisted Living Facility, Group Home, or Adult Day Care Center Abuse or Neglect Case

In the face of nursing home, assisted living facility, group home, or adult day care center abuse or neglect, the last thing on your mind should be the ticking clock of a legal deadline. However, victims and their families must be mindful of the deadline to file a Florida nursing home, assisted living facility, group home, or adult day care center abuse and neglect case. In this blog, we discuss these deadlines, known as statutes of limitation, and what happens when you miss these deadlines.

What is a Statute of Limitations?

A statute of limitations sets the deadline within which a lawsuit must be filed. Failure to meet this deadline can result in the forfeiture of one’s right to hold a Florida nursing home, assisted living facility, group home, or adult day care center accountable for the pain and suffering they caused. In other words, if you miss the deadline, you miss your opportunity to file a lawsuit, seek justice, and demand the compensation you deserve.

Deadline to File Abuse or Neglect Cases in Florida Involving Nursing Homes, Assisted Living Facilities, Group Homes, and Adult Day Care Centers

Generally, you must file a case against a Florida nursing home, assisted living facility, group home, or adult day care center for abuse or neglect within two years from when you find out about the incident that caused the harm, or when you reasonably should have known about it if you were diligent. This deadline can be extended if it's shown that the facility intentionally hid or lied about facts, making it impossible to discover the injury. However, extensions are not guaranteed. The full text of the statute of limitations to bring a case against a Florida nursing home can be found at Florida Statute § 400.0236. The full text of the statute of limitations to bring a case against a Florida assisted living facility can be found at Florida Statute § 429.296. The statutes of limitations for cases brought against group homes and adult day care centers can be found at Florida Statute § 95.11.

A Critical Exception: Extended Deadlines for Intentional Abuse Cases

Florida law also recognizes that abuse, especially when it involves children or vulnerable adults, is often hidden, minimized, or discovered years later. Under Florida Statute § 95.11(8), claims based on intentional abuse may have a significantly longer filing window than the standard two-year deadline. In certain cases, an abuse claim may be filed up to seven (7) years after the victim reaches adulthood, four (4) years after the victim leaves the dependency of the abuser, or four (4) years from when the victim discovers both the injury and its connection to the abuse, whichever occurs later. This statute can apply in serious abuse cases involving group homes, adult day care centers, and foster homes, particularly where the victim was dependent, disabled, or unable to report the abuse. These extended deadlines are highly fact-specific and often contested, making early legal evaluation essential.

When Should I Contact FIDJ?

Don’t wait! The sooner you contact FIDJ, the better. FIDJ will need time to investigate your case and determine whether a lawsuit is appropriate. Contact the experienced attorneys at FIDJ, before it’s too late for a FREE, confidential, no-pressure case review.