What is the statute of limitations for filing a medical device injury claim?
In Tennessee, the statute of limitations for filing a medical device injury claim varies depending on the type of claim. Generally, a claim must be filed within one year from the date of injury or, if the injury is latent, within one year from the date of discovery or should have reasonably been discovered. For a product liability claim, the claim must be filed within one year from the date of injury or, if the injury is latent, within five years from the date of discovery or should have reasonably been discovered. It is important to be aware that these statutes of limitations can be affected by other factors, such as the age of the injured party, so it is important to consult with a qualified attorney to fully understand your rights. Additionally, if the defendant is the state or a governmental agency, you must file a claim within 6 months of the injury, and if your claim is for medical malpractice, you generally must file your claim within 1 year of the injury.
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