Statute of limitations is like damages, every state is different. Some states have a one-year statute, some states have a two-year statute, some states have a three-year statute, some states have a four-year statute,some can have others and then the question is when does it start? Every state is different.
Some states indicate statute starts when you’re injured whether or not you know. Some states indicate that the statute starts when you know why you were injured, some states don’t have a ruling at all.
The statute of limitations is different for an injury case as opposed to a wrongful death case. Many times in wrongful death cases it’s a shorter time period. This is the one issue that we look at immediately upon taking in a new case: what’s the statute of limitations? This way we can diary it in our computer system.
This is very important.
It is also very intensive because we need to get certain information from the family very quickly.
What happens if the case comes to our office and the statute runs tomorrow, so we jump on this the very first day. We have to start thinking very fast so statue of limitations is a very important topic and we take those very seriously.
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Takeaways: What is the Talcum Powder Lawsuit Statute of Limitations?
- In most jurisdictions, a personal injury case such as cancer caused by talcum powder use may have a four-year statute of limitations where as a wrongful death suit of death from a cancer caused by talcum powder use, may only be two years.
- Wrongful death claims are brought when a product or action by another person is alleged to have caused some injury and that injury has resulted in their death.
- Wrongful death claims differ from personal injury claims because in most jurisdictions they have a shorter deadline to have the case on file. If a loved one passes away from ovarian cancer or mesothelioma and it can be linked to talcum powder, the statute of limitations on these cases run out sooner than standard personal injury claims.
- Wrongful death claims must be brought by a person who is a representative to the decedent’s estate. It can be anyone but is most often family (next of kin), friends, an heir or can be, in rare cases, a stranger who obtains legal permission from the proper court.
Talk With One of Our Talcum Powder Lawsuit Lawyers Today
If you or a loved one have been diagnosed with and are suffering from ovarian cancer that you believe is the result of regular use of products containing talcum powder, it is imperative that you discuss your case with one of our attorneys. Contact us to schedule your free case consultation at 1-800-YOUR-LAWYER (1-800-968-7529) or fill out our online contact form.
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