Prescription drug injury lawsuits—like all lawsuits—are subject to laws known as statutes of limitations. Each state has its own statute of limitation laws. These laws provide a certain time by which a person must file a lawsuit in court or forego a claim. The time varies depending on the type of case that you are filing. For example, a personal injury statute of limitations may be different from the statute of limitations for a breach of contract.
Drug injury cases are subject to state statutes of limitation. However, statutes of limitations issues can be complicated in these types of cases because it isn’t always possible to know that you were hurt immediately after taking a medication. Accordingly, it is important to understand the general statute of limitation law, how to comply with the law in a prescription drug injury case, and why you can’t let the statute of limitations expire without filing a case in court.
Massachusetts, New Hampshire, and Rhode Island Prescription Drug Injury Statutes of Limitations
The following statutes of limitations apply if you were hurt by a defective drug:
- The Massachusetts Statute of Limitations provides you with three years to file a lawsuit.
- The New Hampshire Statute of Limitations provides you with three years to file a lawsuit.
- The Rhode Island Statute of Limitations provides you with three years to file a lawsuit.
Typically, this means that you must file a formal complaint with the court before the three-year statute of limitations expires. While statutes of limitations typically start running on the date that the action took place that caused your injury, that is not always possible to determine in a defective drug case. Furthermore, your injury may not develop or may not be diagnosed for some time after you take the medication. For this reason, the statute of limitations will begin to run when you knew that you were hurt or when you should have reasonably discovered your injury.
How to Make Sure You Don’t Miss the Statute of Limitations
While every case is different, there are important things that you can do to make sure that you don’t miss the statute of limitations. Specifically, you can:
- See your doctor as soon as you begin to exhibit any symptoms of illness or injury. When you see your doctor, it is important to report all of the medications that you have used, your dosage, and the date that you began and stopped the medications.
- Follow your doctor’s treatment plan. This is important both to your health and to your potential legal case if there is a connection between your symptoms and the medication that you took. It can help create a medical record showing causation and show that you took the recommended medical steps to get better.
- Talk to a lawyer as soon as possible. An attorney can determine both whether you have a potential case and when the statute of limitations began to run.
These steps will help you file your case on time and make a fair recovery.
What Happens If You Miss the Statute of Limitations in Your Drug Injury Case
If you miss the statute of limitations and you file a complaint in court after the statute of limitations has expired, then you can expect the pharmaceutical company to motion the court to dismiss your case. If the court agrees that the statute of limitations has expired, then your case will be dismissed without you recovering anything. The pharmaceutical company will not negotiate a settlement with you because they know that you have no recourse in court.
Don’t let this happen to you. Instead, contact a mass tort lawyer as soon as you think that you might have suffered a prescription drug injury. Our lawyers would be pleased to provide you with a free, no-obligation initial consultation so that you can learn more about your rights and about how to protect them. Simply call us or reach out to us via this website to schedule your meeting.