Can I file a defective drug injury claim if I am no longer taking the drug?
Yes, you can file a defective drug injury claim in California, even if you are no longer taking the drug. The general rule is that if you have been injured, or suffered harm, as a result of taking a defective drug, then you may be entitled to receive compensation for your losses. Defective drug injury claims in California apply to multiple types of drug-related injuries, including physical injuries or illnesses, psychological or emotional distress, or any financial losses that stem from medical bills associated with the drug. A claim must prove that the defective drug was the cause of the injury or illness in order to be successful. The statute of limitations in California for defective drug injury claims is two years from the date of injury. However, if the drugs were recalled, the clock may be delayed. This is because if a product is recalled, a user may not be aware that they were injured until months or years later. Therefore, if you were injured or suffered harm as a result of taking a defective drug, you may be able to file a claim even if you are no longer taking the drug. It is important to seek legal counsel to ensure that you are within the statute of limitations and that you understand the details of the claim.
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