Is there a time limit for filing a medical device injury lawsuit?
In California, there is a specific time limit for filing a medical device injury lawsuit. This time limit is known as the "statute of limitations," which sets a deadline for filing a lawsuit for a particular type of injury. When it comes to medical device injury lawsuits in California, the statute of limitations is two years from the date of the injury or when the injury was discovered. If a lawsuit is not filed within this two-year window, a person cannot later file a lawsuit. However, there are some important exceptions to this rule. If a person was injured as a result of a particular medical device, they may have more time to file a lawsuit if the manufacturer was aware of the defect but did not warn the public or take steps to prevent the injury. In these cases, the statute of limitations can be up to three years from the date of the injury or the date that the patient discovered the injury. It is important to note that in some cases, the two-year statute of limitations can be extended in special circumstances. For example, if a person was underage or mentally incapacitated when the injury occurred, the statute of limitations may be extended. It is important to note that each state has its own laws regarding medical device injury lawsuits and the statute of limitations may vary depending on the state. If you think you may have a medical device injury claim, it is important to speak to a lawyer as soon as possible to ensure that your rights are protected.
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