Are there any time limits for filing a defective drug injury claim?
Yes, there are time limits for filing a defective drug injury claim in California. Generally speaking, the statute of limitations -- the time limit for filing a lawsuit -- is two years from the date the injury occurred. If the injury was not immediately apparent, however, then the two-year limit begins on the date of discovery, which can result in a much longer time frame for filing a claim. Additionally, the statute of limitations for filing a defective drug injury claim is sometimes extended if the victim is a minor or the nature of their injury makes it difficult to recognize the underlying cause of their medical condition. In California, victims of defective drug injury have the option of filing a medical malpractice lawsuit if the drug caused death or permanent injury. In these cases, the time limit for filing a claim is one year from the date of injury, with exceptions for cases of minors, delayed discovery, and cases where the drug manufacturer has fraudulently concealed the risk of harm. It is important to file a claim within the allotted time period, as a missed deadline could result in the case being barred in court. If you or someone you know has been injured by a defective drug in California, contact a qualified personal injury attorney immediately to discuss your options and determine the best course of action.
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