What are the statutes of limitations for defective drug injury claims?

The statutes of limitations for defective drug injury claims in New York vary depending on certain factors, such as the type of injury sustained and the type of claim being pursued. Generally, an injured party must file a civil lawsuit within three years from the date of the injury. However, if the injury occurred due to medical malpractice, the statute of limitations is two and a half years from the date of the injury. Additionally, certain actions are excluded from the statute of limitations. For example, if the injury was the result of intentional misconduct or gross negligence, then the plaintiff may have an additional four-year window to file a civil lawsuit. If the defendant has concealed facts that would have prevented the plaintiff from filing a timely claim, then the plaintiff has one year from the time that the concealment was discovered to file the lawsuit. Furthermore, if the injury was caused by a defective drug, then the statute of limitations is three years from the date of the injury or one year from the date that the injured party discovered the injury, whichever is later. This means that if an injured party discovers the injury more than three years after it occurred, he or she has one year from the date of discovery to file a claim. It is important to bear in mind that these statutes of limitations are subject to change. If a person believes that he or she is facing a time-sensitive lawsuit, it is best to consult with a lawyer as soon as possible in order to ensure that their claim is filed in a timely manner.

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