What is the statute of limitations for filing a defective drug injury claim?

The statute of limitations for filing a defective drug injury claim in California is two years from the date in which the injured party discovers the injury was caused by the use of the defective drug. This is known as the “discovery rule” and applies to most defective drug injury claims. Additionally, California has a “statute of repose” which limits an injured person’s right to bring a defective drug claim to three years after the date the drug was first manufactured. The statute of limitations for a defective drug injury claim in California is different than other personal injury claims in the state. If you believe that you have suffered an injury from a defective drug, you should speak to an experienced defective drug injury attorney as soon as possible to determine the best way to proceed. It is important to understand that the statute of limitations for defective drug injury claims may still be extended under specific circumstances. The statute of limitations may be tolled, or suspended, if the injured party cannot discover an injury was caused by the defective drug until after the two-year period. In these cases, the injured party must still file a claim within the three-year period of the statute of repose. In addition, the statute of limitations may be extended if the drug manufacturer intentionally concealed the dangers of the defective drug from the public. This extension is known as the “fraudulent concealment doctrine” and can extend the statute of limitations until the injured party discovers the injury was caused by the defective drug. It is important to understand that the statute of limitations for filing a defective drug injury claim in California is complex. If you have suffered an injury due to a defective drug, it is important to speak to an experienced defective drug injury attorney as soon as possible.

What is the statute of limitations for filing a defective drug injury claim?

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