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Potential Product Claim Defective Products
If I have a potential product liability claim, do I have to pursue it immediately?
You should. All states have some form of “statute of limitations,” which strictly limits the time you have to file a lawsuit. A valid claim filed after the statutory time period is usually denied. As a result, if you think that you may have been injured from a defective product, you should seek the advice of a product liability attorney at the earliest opportunity, to protect your rights.
The time frame in which the statute of limitations runs usually begins from the time of the injury resulting from the defect. However, most states have some form of a “delayed discovery” rule, which states that the statute does not begin to run until the injury was “discovered.” This may be important when the injury is not readily apparent, as in the “breast implant” cases, and cases involving exposure to hazardous materials (like asbestos), where the injuries were not discovered until years later. However, you’d want to go to a lawyer sooner, rather than later, to make sure your rights are protected.
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