The statute of limitations is the amount of time you have to file a lawsuit seeking money damages from an individual or business entity that harmed you. If you miss the deadline for filing a lawsuit, you can lose the right to collect compensation for your losses. The statute of limitations on hernia mesh lawsuits depends on the state in which you live.
Deadlines Vary by State
Every state gets to choose its own rules for lawsuit deadlines. You might have five years to sue someone in one state and only two years in another.
Also, states can differ on when the clock starts ticking. In other words, the time limit might begin with the date of the surgery, or when you discover a problem (the “discovery” rule), depending on the state where you live.
If you live in a state that imposes a deadline that starts to run with the date of the surgery, you might not know that there is a problem until after the statute of limitations on your hernia mesh lawsuit has expired. States that follow the discovery rule often set a limit on the amount of time you have to notice the problem, like 10 or 12 years.
When the Time Limit Starts Ticking Can Differ
A hernia mesh lawsuit is a product liability case. The statutes of limitation for product liability range from one to six years. Around three-quarters of the states start the time running on the date of the injury, not when you notice the problem. For hernia mesh cases, the date of injury is usually the initial surgery that implanted the surgical mesh to repair the hernia. This date is important for understanding the statute of limitations for your hernia mesh lawsuit.
How a Hernia Mesh Product Liability Case Works
When a company puts a dangerous product into the marketplace, the firm can be liable for the harm the item causes. There have been many FDA recalls of hernia mesh products for various reasons, like the mesh material degrading, perforating the bowel, causing adhesions, and lacking sufficient strength to provide the needed support to the repaired area.
With a dangerous products case, you file a lawsuit against the company that manufactured the defective surgical mesh. You will need to show the court that the product had a defect that caused harm to you.
Getting Legal Help with Your Hernia Mesh Injury Claim
We understand that the legal issues in hernia mesh lawsuits are complex. If you suffer from the symptoms of hernia mesh rejection , you do not have to figure out which grounds to pursue or what your deadlines are. Just make sure that you talk with a hernia mesh lawsuit attorney right away so that the statute of limitations will not bar your right to compensation.
At Tosi & Rose, we handle hernia mesh lawsuits on a contingent fee basis, which means that you do not have to pay upfront legal fees. Our fees will come out of the settlement proceeds or award at the end of the matter. We do not get paid until you win.
When we take care of your legal matters like taking account of the statute of limitations for your hernia mesh lawsuit, you can focus on your health and well-being. Call us today at 888-311-8292 for a free consultation.