Depending on what condition the drug was intended to treat and what effects it ultimately had on your body, the repercussions of taking a defective medication can last for a few months before clearing up. This can negatively impact you for several years afterward, or fundamentally alter the course of your entire life. However, no matter what harm you have suffered or can expect to experience in the future from a dangerous drug, Texas state law only grants you a limited amount of time to file civil suit against the people and/or companies liable for your injuries.
Most of the time, the statute of limitations for Katy dangerous drug claims allows you just two years to formally begin the legal process, starting from the date on which you initially sustained harm. However, a lawyer may be needed to help you explore the quirks of this law. The seasoned dangerous drug attorneys at Schechter, Shaffer & Harris could use these laws to help you build the strongest possible claim within the filing deadline.
Why Is There a Filing Deadline for Dangerous Drug Cases?
There are two primary reasons why every U.S. state imposes a statute of limitations for various legal proceedings, including those for dangerous drug claims and most other personal injury cases, in Texas Civil Practice & Remedies Code § 16.003. First, waiting too long to file suit after getting hurt increases the chances that key evidence to your claim—or the case the defense might build against you—could be lost, altered, damaged, or even intentionally destroyed.
Second, the legal system broadly considers it unfair for a prospective defendant who might have a civil or criminal case opened against them to have the threat of legal action hanging over their head indefinitely. Put these two things together, and you have the logic behind the time limits for dangerous drug lawsuits in Katy and throughout the Lone Star State.
Possible Extensions to the Statute of Limitations
There are virtually no exceptions to the two-year filing time limit for defective drug claims. If you try to file suit after the applicable deadline expires, the court will almost certainly dismiss your case right away for being time-barred. However, there are a few unique circumstances under which the starting point for the two-year filing period could be pushed back, or “tolled,” for a short time.
The most common rationale that courts accept for tolling the statute of limitations for defective drug cases in Katy is the “discovery rule.” This holds that the time limit for a prospective plaintiff who would pursue a personal injury claim should not start until the plaintiff actually discovered they were injured through someone else’s misconduct, regardless of when the first instance of harm occurred.
Likewise, if a minor child suffers injury from a defective drug and their parent or guardian does not sue on their behalf, that child may have until two years after their 18th birthday to file suit on their own behalf.
Contact a Katy Attorney for Help Filing a Dangerous Drug Claim Within the Statute of Limitations
Lawsuits over defective and unreasonably dangerous medications can often take years to resolve, especially if they become a mass tort claim involving many plaintiffs at once. If you wait too long to start a claim like this, you may find your pursuit of compensation blocked by the deadline.
Our knowledgeable Katy attorneys could ensure you enforce your right to civil recovery without exceeding the statute of limitations for dangerous drug claims. To learn more, contact Schechter, Shaffer & Harris today to schedule a consultation.
