What is the statute of limitations for filing a medical device injury lawsuit?
In Kansas, the statute of limitations for filing a medical device injury lawsuit is two years. This means that you must file the lawsuit within two years of when the injury occurred. If the injury occurred over two years ago, then you are not able to file a lawsuit for it. This two-year limit is set by the Kansas Limitations on Lawsuits Act. This act states that all lawsuits must be made within two years of the date of the injury or "the date when the injury should have reasonably been discovered." This means that if you do not discover the injury until after the two-year period has passed, you may still be able to file a lawsuit. For medical device injury lawsuits, the two-year period is calculated from the date of the injury, not the date you discovered it. It is important to note that the two-year period may be shortened if the defendant is found to have committed fraud or acted with willful misconduct. When thinking about filing a medical device injury lawsuit in Kansas, it is important to remember that you must file it within two years of the date of the injury. If you wait any longer you may not be able to pursue the case. Therefore, it is in your best interest to contact an attorney as soon as possible.
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