To be eligible for a defective drug lawsuit, you must have experienced an injury or developed a serious health condition due to the use of the drug. It is important to establish a clear link between the drug and your health problems, which may involve providing your medical records and getting a testimony from an expert who can confirm without doubt a defective drug causes your medical condition. Acting promptly can help ensure that you meet legal deadlines so that you can strengthen your case against the drug manufacturer and file a claim for compensation.
Initial Steps to Take After Discovering the Defect
As soon as you realize you have developed a serious medical condition due to a drug you have been taking you need to do the following:
- seek medical attention and keep any medical records that will help you to prove your injuries are a result of a drug you have been taking;
- contact a lawyer who can guide you through the process, help collect evidence, and ensure you meet all deadlines.
Timeline to File a Defective Drug Claim
The time you are allowed to file a defective drug claim is called the statute of limitations. You may have 1-6 years depending on your state. In some states, the clock starts ticking on the date of the injury, while in other states it begins when the plaintiff discovers or should have reasonably discovered the defect. For example, in New York, you have 3 years to initiate legal proceedings against a responsible party for a defective drug injury. Once that deadline has been reached you no longer have the chance to seek compensation for a defective drug injury.
Statute of Limitations by State
- States with 1-year statute of limitations: Kentucky, Louisiana, and Tennessee.
- States with 2-year statute of limitations: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia.
- States with 3-year statute of limitations: Arkansas, Washington, D.C., Maryland, Massachusetts, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin..
- States with 4-year statute of limitations: Florida, Nebraska, Utah, Wyoming.
- States with 5- or 6-year statute of limitations: Maine, Missouri, North Dakota.
Contact a Personal Injury Attorney
There are many advantages to seeking help from a personal injury attorney . Your attorney can:
- help to manage your legal paperwork;
- guide you through the legal process;
- help gather evidence that supports your case.
- provide a clear understanding of the complexities of personal injury law and can ensure your rights are protected as you navigate the legal process for compensation for injuries caused by a defective drug;
- negotiate on your behalf to ensure a fair settlement;
- help avoid common mistakes such as delaying the filing of the claim as many people wait far too long to take legal action so miss the statute of limitations, which is the deadline for filing a lawsuit. Another mistake is failing to provide sufficient proof that the defective drug directly caused the injury or health condition.
Fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
