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

In New York, the statute of limitations for filing a defective drug injury claim is three years from the date the injury occurred, or one year from the date when the person realizes they have been injured. This statute of limitations is known as a “discovery rule” and is designed to prevent people from having their claims denied due to a lack of evidence or testimony. Additionally, New York has a “statute of repose” which is different than the statute of limitations. The statute of repose puts a hard deadline on when a claim can be filed, regardless of when the injury occurred. This deadline is usually 10 years after the drug was first released onto the market, or 10 years from the last time the drug was administered to the patient, whichever is shorter. The time frame for both statutes of limitations and repose are crucial because if a person attempts to file a claim after either of these deadlines have passed, the courts may decline to hear the case and the person will not be able to pursue any legal action. Anyone considering taking legal action should consult with a lawyer to determine the applicable statutes of limitations and repose in order to avoid missing any deadlines.

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

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