It is important to know about the statute of limitations, along with the way this lawsuit-filing deadline which is set according to this law may be applicable for your lawsuit for hernia mesh.
If you are now suffering from health issues after undergoing surgery for hernia mesh, and you had the mesh implanted a long time ago, you might already know about the deadlines linked to filing injury-related lawsuits in a court of law. You may be wondering how these deadlines will apply to any complications that arise from a direct result of hernia mesh, particularly when the mesh failure, infection, or other issues do not occur until much later (months or years), after your procedure.
Deadlines For Lawsuits Are Set By The Statute Of Limitations
Each of the states in the US has all passed laws known as “statutes of limitations”. These specific laws set limits on the amount of time that is allowed to pass before you need to file your lawsuit. Each case is associated with its own deadline, yet the impact associated with missing this time limit will always be the same: fail to meet your deadline and you lose your rights to obtain compensation and sue for the damages or losses you have incurred. Yet even though the deadlines happen to be strictly-enforced, each state has also set aside exceptions that might extend these deadlines (more about these expectations further on).
What Are The Statute Of Limitations That Apply To Your Hernia Mesh Lawsuit?
The exact “statute of limitations” that applies to hernia mesh lawsuits rely on facts that surround your situation, the entity or individual that you are planning to sue for the complications, and in some cases even according to the type of legal arguments your attorney and you plan to use.
Is your claim based on defects or problems that are present in the actual mesh? If this is the case, then your lawsuit is most likely based on what is known as “product liability”. This is a theory that is used for holding manufacturers along with other parties legally responsible when it comes to injuries or damages that are caused by a defective product. (Find out more about medical devices and product liability).
In most states, the statute of limitations deadlines, that are applicable to this type of lawsuit is similar to the ones which are applicable to most of the lawsuits for personal injuries. However, some of the states have dedicated statute of limitations when it comes to lawsuits for product liability.
For example, in the state of Minnesota, time limits that are applicable to product liability lawsuits will depend on what type of argument (legal) you plan to make against a manufacturer. The lawsuits that are based on “strict product liability”, which is one of the legal theories which does not require “proof of fault”, is subjected to a filing deadline of four years in the state of Minnesota. If on the other hand, you want to claim that the injuries that you have sustained were caused by a certain degree of negligence (carelessness), caused by the manufacturer of the mesh, you will have up to a time-frame of six years in order to file a lawsuit. These deadlines are set by the Minnesota Statutes section 541.05. Find out more on the set time limits involved for filing product defect claims.
Are you alleging that either a surgeon or another health-care provider made an error when they implanted the mesh? Or performed another procedure that is related to the mesh? If this is the case, your claim would involve filing a lawsuit for medical malpractice, which would allege that the sub-standard care of the health professional has resulted in your injuries. Many of the states have specific types of statute of limitations passed which are applicable to these case types. (Learn about the statute of limitation for medical malpractice lawsuits here).
What Is The “Discovery Rule” In Hernia Mesh Lawsuits
In many injury cases, which include those that arise from hernia mesh failures, the “clock” for the statute of limitations, won’t always start running from the date that the defendant made the alleged mistake. Instead, according to “discovery rule”, this “clock”, may only begin once the patient has discovered (or should have reasonably discovered) that this mistake has caused them harm. As an example, if you had hernia mesh implanted on 1 June 2016, yet you only started to experience complications on the 15 December 2017. According to the “discovery rule”, your “clock” for the statute of limitations would only begin on 15 December 2017 (which is the date that you found out about your injuries), even when this mesh was implanted in 2016.
Many of the states have legislated these exact types of exceptions directly within the text associated with their statute of limitations when it comes to the lawsuits for medical malpractice. In addition, many states have also included these legislations for the lawsuits concerned with product liability.
Sorting Out The Deadlines For Filing Is Your Lawyers Job, Not Yours
If you are not sure about which of the statute of limitations will apply to your case for hernia mesh, or whether you may be allowed to ask for an extension for a filing deadline that has passed already or is looming, do not worry. You are not expected to understand these complex rules, or even try to work out the way they may affect your claim. Lawyers are familiar and well-versed with each of the deadlines for statute of limitations, according to the state that you reside in. We will also customize the best strategies for you in order to protect your rights. Contact us today.