Author: Andrew Calandro
The Nursing Home Abuse Statute of Limitations in Florida
Table of Contents

Nursing home abuse is a serious problem in the United States. According to the National Center on Elder Abuse, as many as one in every three nursing home residents is a victim of abuse or neglect. 

If you suspect that you or a loved one has been a victim of nursing home abuse and are unsure of how to proceed, this article is for you.

What Is the Statute of Limitations in Florida?

The statute of limitations is the time period within which a legal claim must be filed. After the expiration of this period, a claim can no longer be brought to court. The statute of limitations varies depending on the type of claim but is generally between two and five years.

The statute of limitations for nursing home abuse in Florida is five years. This means that if you or a loved one has been abused in a nursing home, you have five years from the date of the abuse to file a lawsuit.

There are a few exceptions to the statute of limitations in Florida. One is for claims against the state or a governmental entity, which must be brought within three years. Another is for medical malpractice claims, which must be brought within two years of the date of the injury or four years from the date of the last act of medical negligence.

If you believe you have a legal claim but are unsure whether the statute of limitations has expired, you should speak with an experienced attorney. An attorney can help you determine whether your claim is still viable and, if so, help you file it in a timely manner.

Abuse and Neglect Are Not Limited to Nursing Homes

The term “elder abuse” is often used to refer to abuse and neglect in nursing homes. However, elder abuse and neglect can happen in any type of long-term care setting, including:

  • Assisted living facilities
  • Group homes
  • Adult daycare centers
  • In-home care

What Are the Signs of Abuse and Neglect?

If you have a loved one in any type of long-term care setting, it is important to be aware of the signs of abuse and neglect. These signs can include:

  • Bruises, cuts, or other injuries that are unexplained or that have not been properly treated
  • Frequent falls
  • Sudden weight loss or gain
  • Dehydration or malnutrition
  • Poor hygiene or soiled clothing
  • Changes in mood or behavior, such as agitation or depression
  • A sudden change in financial circumstances, such as the sudden appearance of new credit cards or unexpected withdrawals from a bank account
  • A sudden change in the will or other financial documents

What You Should Do

If you have concerns about the possibility of elder abuse, it is best to contact an attorney, the Department of Health and Senior Services, or your local police department. These professionals will be able to offer you the most help when it comes to getting medical attention where it is warranted and also getting the legal help you need.


Abuse is something that should never be tolerated. If you suspect elder abuse happening to someone you love, it is of utmost importance that you get help as soon as possible. The sooner you get help, the better the chances are that your loved one will not be the victim of elder abuse for a prolonged period.

If you are looking for an elder abuse attorney, contact Calandro Law. With over a decade of experience, Calandro Law is your best choice to attain maximum compensation for your injuries. Let us help you get justice for your elder loved one today!

Andrew Calandro

After earning success litigating cases all over the state of Florida and consulting on cases nationwide, civil trial attorney, Andrew Calandro, decided to focus his practice on his hometown, helping the people of his own community.


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