What is the statute of limitations for filing a medical device injury lawsuit?
The statute of limitations is an important factor to consider when filing a medical device injury lawsuit in South Dakota. This is due to the fact that the statute of limitations determines the period of time in which a case can be brought to court. In South Dakota, the statute of limitations for filing a medical device injury lawsuit is generally three years from the date of the injury or one year from the date of discovery of the injury, whichever is later. This is known as the “discovery rule”, which gives individuals extra time to discover an injury resulting from a medical device that they may not have realized was present at the time of injury. It is important to note that some medical device injury cases may have shorter limitation periods, depending on the particular circumstances of the case. For example, claims against a government entity may be subject to a shorter period of time for filing a suit. It is recommended to consult a personal injury attorney to go over the specifics of your case and determine the best course of action for filing a medical device injury lawsuit. By doing so, you can make sure that you’re taking all the necessary steps to ensure that your case is filed within the appropriate amount of time.
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