Statutes of Limitation Versus Product Liability

Statutes of Limitation Versus Product Liability
Statutes of Limitation Versus Product Liability
September 28, 2016

One of the terrible outcomes of working with defective equipment is that they can result in injury. Such victims of injuries caused by use of bad equipment are entitled to some monetary compensation and it is their legal right to chase such compensations when it is not forthcoming from the person responsible for such injuries.

What statutes of limitation is all about

When one is a victim of personal injury, there is a time window stipulated by law in which the person must report the case to the police or any other law enforcement agent or inform a personal injury lawyer. When this space of time passes, the victim can no longer make claims for compensation. This space of time is called the statutes of limitation.

Read also: The Possibility of Suing When You are Injured Riding on the Back of a Pickup

Product liability in the US covers a good number of situations

The common product liability litigation in the US has a good number of cases that it covers. Some of them are highlighted below.

  • When manufacture of motor vehicles which includes; trucks, buses, cars, mechanized farming equipment and motorcycles.
  • Claim of product liability for defective medical devices which includes; transvaginal mesh implant, hip and knee implant.
  • When manufacturers make consumer goods defective.
  • Manufacturers and designers of pharmaceuticals with side effects and allergic reactions.

Legal assistance is required to beat statutes of limitation

Not everyone knows about the statute of limitation or how long the actual duration is. This is why you have to seek legal assistance if you have been a victim of personal injury because the attorney you hired will help you analyze your case to know the statutes of limitation and will help you file a case if necessary.

Read also: Car Accident Cases: Four Ways to Establish Breach of Care

Difference in your state of residence and the state in which the accident occurred does not matter

Some people get nervous about their chances of getting a claim if the accident happened in a different state other than their state of residence. Their concern is usually from which state they should hire their attorney. This is not a problem at all because personal injury cases are usually heard in Federal Courts which allows that lawyer from one state can represent someone in another state.

The attorney takes several steps in filing the case

When you have hired an attorney, the first step they will take is to look at your medical records. This will help them to first of all ascertain the extent of injury the accident has caused you which will also make it possible to group your case into one of the different forms of personal injury. This analysis will also help them to know the right amount to claim as compensation.

Read also: Bicycle Accident Claim: Who can be Held Responsible?

There are exceptions in the statutes of limitation

There are special cases in which though your time has elapsed in the statutes of limitation the court can still allow you to make claim (otherwise known as halting or tolling of the statutes of limitation. Glaring cases where such tolling have been done in the past are as follows; victim becoming mentally incapacitated, when victim is physically incapacitated, late manifestation of injury and the victim was a minor. Minors can file cases up to two years after their 18th birthday.

Different states have different statutes of limitations

The period in which one can file a claim for product liability – known as the statutes of limitation – varies from state to state but in entirety ranges from 2 to 4 years from the date of the accident. All the states of the United States have personal injury lawyers and you may need to verify from them the actual deadline to your case if you are not certain.

Read also: Risks Associated with Hands-Free Chatting while Driving

Article highlights

  • Using defective tools can lead to personal injury.
  • Victims of defective tools are entitled to monetary compensation.
  • Personal injury lawyers will help you get your claim.
  • The limit of time to which one can file a claim is called statutes of limitation.
  • Statutes of limitation for product liability vary from state to state.
  • Attorneys can help you properly define the time window peculiar to your case.
  • There are a few exceptions to statutes of limitation.
  • Attorneys will scrutinize your medical bills to know how much to claim.
  • Personal injury cases are heard in federal court.
  • A lawyer from one state can represent a victim in another state.

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  4. The Way an Attorney Handles Your Auto Accident Cases and Claims

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