I Was Injured By A Defective Product. How Long Do I Have To File My Claim?

If you or a loved one has suffered an injury because of a defective or dangerous product, you must file your lawsuit within a specific amount of time ― otherwise known as the statute of limitations. If you fail to bring your claim within this time period, the court will likely throw your case out. Unfortunately, this means you will be unable to collect the compensation you are entitled to, regardless of how strong your case may be.

In California, for instance, the statute of limitations for personal injuries caused by defective products is typically two years from the date of your injury. Keep in mind, however, that this time period may vary depending on your circumstances and the state where you live, which is why you should contact a product liability attorney as soon as possible.

For a FREE legal consultation, contact SHOOP | A PROFESSIONAL LAW CORPORATION today. You can reach us online or by phone at 877-324-6853. Our lawyers can explain your legal options and help make sure you preserve all relevant evidence, which may prove essential when filing your claim. We help victims throughout Los Angeles and nationwide.

Understanding The Basics Of The Discovery Rule

While you generally have two years from the date of your injury to bring a product liability claim in California, what happens if you don't realize you have suffered an injury until years later? For example, what if you inhale a dangerous chemical, but do not discover the health problems that caused until much later? Are you simply out of luck? Fortunately, no, you may still be able to bring your claim.

Under the discovery rule, the statute of limitations begins to run only after you discover, or reasonably should have discovered, your injury ― meaning you may still be able to bring your claim even if it has been more than two years since the date you encountered the dangerous product. However, navigating this often complex rule can be difficult, which is simply another reason you should contact SHOOP | A PROFESSIONAL LAW CORPORATION as soon as possible.

Beware Of Notifications From The Manufacturer

In some cases, manufacturers of defective products will deliberately notify consumers that their products may be dangerous. Why do they do this? The answer is simple: Once you know the product is defective, the clock begins to tick on the two-year statute of limitations for defective products.

Unfortunately, these notifications are often vague and simply offer to replace the product. In most cases, they don't outright list the product's problems nor do they explain your legal rights. However, that doesn't change the fact that you will likely only have two years from the date you receive such a letter to bring your claim.