Find out how long you have to file a defective products lawsuit

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timeAll personal injury lawsuits have a certain time period in which they can and must be filed. Failure to file a lawsuit within that time period means that the court can dismiss the case and you won't be able to be compensated. This time period is called the statute of limitations. 

The statute of limitations sets the time period in which you, the plaintiff, must file a lawsuit. The actual time period varies depending on the type of lawsuit being pursued and which state the suit is filed in. For defective products cases, many states apply the "discovery rule." This rule tolls the statute of limitations during the period of time you had no clue there was a problem or defect. So if you were injured in 2010 and you didn't find out the product was defective until 2016, you will still be able to pursue a lawsuit. 

Normally the statute of limitations for personal injury lawsuits - which is the area of law that covers defective products cases - is two years. But since the defect wasn't discovered or announced until 2016, you wouldn't be penalized for not having filed your lawsuit in the two years after you were injured.

You do need to keep in mind that if a significant time period has passed since the original accident or injury, records may have been lost, memories may have faded, and key witnesses may have moved away or died. It may become too complicated for everyone involved to try to litigate an issue that happened years ago. It depends on the case, so it's recommended that you consult with an attorney anyway to find out what your best options are.


To talk with our attorneys about your defective products case, call us now. It's toll free, 100% confidential, and 100% free. Call us at 877-724-7800 or fill out a contat form now. 

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