Statute of Limitations for Defective Medication Claims

Companies that manufacture medications are legally required to use reasonable care when testing and marketing their products. While many companies use great care to fulfill these legal responsibilities, some do not, which can leave consumers at risk of serious injury. Fortunately, consumers who are injured after taking defective medications can recover damages compensating them for medical bills, lost wages, and pain and suffering. However, injured parties only have a certain amount of time, known as a statute of limitations, to file this type of claim, so if you have questions about how long you or a loved one have to file a lawsuit, it is critical to speak with an experienced defective drug lawyer who can advise you.

Florida’s Statute of Limitations

When it comes to filing a personal injury claim, each state has its own statute of limitations, which vary depending on the type of accident in question. For instance, in Florida, the statute of limitations for filing a personal injury claim based on negligence, including product liability claims, is four years from the date of the underlying accident. However, if a lawsuit involves a claim of medical malpractice, claims must be filed within two years of discovering the injury.

Exceptions to the Florida Personal Injury Statute of Limitations

There are a number of exceptions to Florida’s statute of limitations as it applies to personal injury claims, including those based on product liability. For instance, most medical malpractice claims have a four year statute of limitations, unless a medical provider intentionally deceived the injured party so that he or she wouldn’t discover the at-fault party’s negligence. In these situations, the statute of limitations is two years from the date that the injury was discovered, or seven years from when the negligent act was committed. Similarly, if an injured party was deemed incapacitated due to temporary or permanent mental illness at the time of the accident, then he or she has seven years from the date of the accident to file a claim.

Missing the Deadline

Plaintiffs who try to file personal injury claims after the four year statute of limitations has already passed almost always have their cases dismissed. When this happens, injured parties lose their right to seek compensation for their injuries, regardless of how serious those injuries are, or how clear the defendant’s liability is. The only exception to this general rule applies to plaintiffs who are entitled to an extension of the statute of limitations.

Aside from playing an important role when it comes to filing a lawsuit in court, filing deadlines set by the state legislature are also crucial to a person’s position in personal injury settlement negotiations, as defendants are much less likely to agree to a settlement if they know that filing a lawsuit is a procedural impossibility.

Schedule a Consultation With an Experienced Defective Drug Attorney Today

To speak with an experienced Fort Lauderdale defective drug attorney about filing your own claim against a negligent manufacturer before the statute of limitations expires, please contact Boone & Davis at 954-566-9919 today.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html