What is the statute of limitations for filing a medical device injury claim?
The statute of limitations for filing a medical device injury claim in Washington State is three years. This means that an individual who has sustained harm as a result of a medical device must file a claim within three years of the time they were injured. In Washington, the statute of limitations includes a discovery rule, which means the clock on the statute of limitations does not start ticking until the claimant discovers or should have discovered the injuries caused by the medical device. This is significant for claims involving medical devices, as it takes time for the patient to become aware of the harm caused by the device. The statute of limitations for filing a medical device injury claim in Washington also includes a tolling provision. This means that if the at-fault party or manufacturer deceived the claimant in any way, the statute of limitations can be tolled, or paused, until the injured party discovers, or should have discovered, the cause of the injury. In these cases, the three year deadline can be extended. It is important to note that the statute of limitations for filing a medical device injury claim in Washington is strictly enforced. In other words, if a claimant fails to file a claim within three years of the time they were injured, they will likely be unable to recover financial damages. Therefore, it is important that victims of medical device injury contact an experienced attorney as soon as possible.
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