With lawsuits actively being filed, it is important to have a good understanding of hernia mesh statute of limitations. If you are unfamiliar with the term, here is an explanation. Statute of limitations refers to the time period in which individuals may pursue legal action in relation to alleged injuries from other individuals or products. The online legal dictionary defines it as a “type of federal or state law that restricts the time within which legal proceedings may occur.”
Statute of Limitations, A Multi-Faceted Issue
Understand, this is not true for murder cases. There is no statute regarding those crimes, however, there is for every other type of case. They are broken down into the following categories:
- Personal injury from negligence or intentional wrongdoing
- Property damage from negligence or intentional wrongdoing
- Breach of a written contract
- Preach of an oral contract
- professional malpractice
- A claim against a governmental entity (usually a short time), and some other variations.
Sometimes the limitation statute can be extended (also known as “tolled”) due to a delay in discovery of injury. Extensions may also be granted on the reasonable reliance of a trusted person. For instance, a minor must wait until they turn 18 before they can bring accusations for negligence unless it involves a government agency. This is an example of tolling the statute of limitations.
Other Factors to Consider
Furthermore, limitations (depending on your state) will generally range from anywhere between 1 to 6 years. Rhode Island is the exception. You have a full 10 years within which to file for several causes of action. Louisiana has the strictest limitation statutes, one year, except contract cases. California also has a one-year time frame, with exceptions for most property damage, oral contracts, and written contracts.
Beyond these limitations there are statutes of limitations, to enforce judgments. These can range anywhere from 5-25 years depending on the type of judgment rendered. The important thing to keep in mind is the statute of limitations is designed with the plaintiff in mind. It protects business and revenue. For instance, Vermont makes adjustments to its statute of limitations to protects its ski resorts. Parties only one year for filing a lawsuit for alleged injuries suffered in a skiing accident on the resort property. This is an exception to the state’s usual three-year statute of limitations for personal injuries.
It is imperative to understand hernia mesh statute of limitations. It could affect your ability to file a claim. If you file outside of the time frame, you may not be able to recoup any damages. Think of hernia mesh statute of limitations like a clock, ticking down to zero. For product liability cases, they typically work like this.
Hernia Mesh Statute of Limitations: The Specifics
The statute of limitations for hernia mesh lawsuits begins when the injured party (known as the plaintiff) knows or should have reasonably known about their injury. You have ten years to file under those conditions in most circumstances. In some state jurisdictions, the countdown begins the moment your injury occurs. This could be much sooner than when you began experiencing pain. which means the ten year period begins sooner as well. It is important to keep this in mind.
Why? In some instances, law firms will delay filing. This could affect your ability to pursue filing a claim, particularly if you are using a legal referral service. They may not pass your case on to the appropriate law firm in time to file a claim. It is incumbent upon you to understand the clock is ticking. Filing time is limited. This is part of the reason you see aggressive advertising around issues like hernia mesh lawsuits. Law firms try to educate consumers as much as possible so they can make informed decisions. They know the clock is ticking. The more information you have, the more equipped you are to start the claims process.
Keep in mind, initiating a claim is no guarantee of trial or settlement. It is the first step. Act now while your potential claim falls within the hernia mesh statute of limitations is important. Right now, time is an ally. In the future it could become an adversary. Failure to act could end up costing you in the long run.
Current State of Hernia Mesh Litigation
Federal courts have already established multi district litigation (MDL) on behalf of hernia mesh manufacturers. This means they are expecting thousands of case filings in the long run, each specific to the manufacturer. At the current time, class action settlements appear unlikely. however, it may be possible that a group of individuals go in together if their cases are similar or share common traits.
What all of this means for you is one word… urgency. While the statute for many hernia mesh cases is just beginning, some started a few years prior. Pursuing your claim now is much better than waiting, It allows the law firm ample time to review your case. they can file a claim if necessary and get it on the docket for processing. Waiting because you think there are too many cases ahead of you is unwise.
Remember, each case tries according to manufacturer. If you have an Ethicon hernia mesh implant, and you think it’s infected, act now. It does not matter how many cases are in front of you. That is inconsequential. The only action of consequence is no action. Contact us if you have experienced any symptom of hernia mesh infection like pain, redness or swelling at the injection site, chronic pain or other symptoms you think might be attributed to your hernia mesh repair.
We will work with you to determine whether or not you have a claim and make sure your claim processes in a thorough, timely manner. Hernia mesh complications can permanently hinder your quality of life. Understand, filing a claim will not take away the injury, but it will take away some stress and relieve financial burden associated with your injury. The time to act is now. We can help.