How Long Do I Have to File a Defective Drug Lawsuit?

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How Long Do I Have to File a Defective Drug Lawsuit?

Our Texas defective drug attorneys represent clients from across the nation in claims and lawsuits against pharmaceutical companies and drug manufacturers for injuries caused by dangerous drugs. One of the frequent questions that our attorneys receive deals with the length of time a person has to file a claim or lawsuit for injuries caused by a defective drug.

Because there are many circumstances and factors that can change the deadlines for filing claims, the first step we take is to learn more about the person’s story so that we can give that person an answer that is based on the facts in his or her case and the laws applicable in the case.

What is a Statute of Limitations?

A statute of limitations places a deadline on the amount of time a person has to file a lawsuit. Statutes of limitations apply in all civil cases, including personal injury cases and product liability cases. Most defective drug claims fall into one of these two categories.

Each state has set the deadlines residents have to file lawsuits for claims arising within that state. The time limits to file claims vary by state.  Some states have very short deadlines, such as Louisiana (one year), while other states have much longer deadlines. North Dakota has the longest deadline with a 10-year statute of limitations for product liability claims. Many states have a 2-year deadline for filing product liability lawsuits, including Texas.

However, it is not as simple as looking up the statute of limitations for a particular state. Other factors can shorten or extend the time to file a defective drug lawsuit. For example, some states allow additional time to file a lawsuit if the victim did not discover the injury right away. Other exceptions might apply in cases involving minors or adults who suffer from a mental or physical incapacity.

Because many factors might impact the calculation of the statute of limitations in a defective drug case, it is important that you consult a nationwide defective drug attorney as soon as possible to discuss the specifics of your case.

Our Texas product liability attorneys handle a variety of dangerous drug claims, including claims involving the drugs:

  • Invokana
  • Pradaxa
  • Proton Pump Inhibitors (PPIs)
  • Taxotere
  • Xarelto

If you have questions about claims involving these drugs or other drugs, we urge you to contact our office for a free consultation with an experienced drug injury attorney.

Claims for Defective Drugs

There are several types of product liability claims that might apply when we are dealing with defective drug claims. Pharmaceutical lawsuits might include allegations that:

  • Defectively designed drugs that are inherently dangerous because of the drug’s design;
  • Drugs that are defective or dangerous because the drugs were manufactured incorrectly;
  • Failure to conduct adequate trials and tests before marketing the drug to the public;
  • Drugs that have dangerous side effects that were not disclosed to doctors or patients; and,
  • Drugs that are not marketed correctly, such as medications that are intended for one use, but marketed for an unapproved use or drugs that do not have adequate or complete warning labels and instructions.

Depending on the type of claim, one or more parties may be liable for your damages. Our attorneys thoroughly investigate each claim to identify all liable parties to increase your chance of recovering full compensation for all damages.

Call a Texas Defective Drug Attorney for Help

If you believe a dangerous drug has injured you, we can help. Contact The Fox Law Firm, P.C. for a free consultation by calling 1-866-FOX-FIRM or 1-866-369-3476.