Posted: 09-25-10 Categories:
Avandia Lawsuit
Avandia Settlements

Avandia settlement time limits : Lawsuit statute of limitations

The attorneys at AvandiaRecallNews.com no longer are accepting new Avandia cases.

Laws that set the time limit for filing lawsuits are called statutes of limitation. If your Avandia lawsuit is not filed before the legal deadline, you may lose your claim to an Avandia settlement.

Several factors can affect the amount of time you have to file an Avandia lawsuit. The following are some of these factors:

  • The state where the heart attack, stroke or congestive heart failure (CHF) occurred
  • The type of injury suffered
  • The state where the lawsuit is filed
  • The age of the person filing the lawsuit
  • Whether the claim is for personal injury or wrongful death damages

The specific facts and circumstances of every case are different. Talk to a lawyer for legal advice about how statutes of limitation apply to your situation.

The Discovery Rule

In some cases, it is not reasonably possible for an injured person to discover the cause of their injury until after some period of time has passed. Many states have adopted a “Discovery Rule” that keeps the time within which to file a lawsuit from beginning to run until the person who has suffered an injury knew or should have known of the cause of their injury, the existence of their claim.

For example, a person who suffered a heart attack, stroke or congestive heart failure after taking Avandia may not have known at the time that Avandia could have been the cause. Where the Discovery Rule is applied, the statute of limitations would not begin to run until the person knew or should have known that their cardiovascular injury may have been caused by Avandia.

This information about Avandia lawsuit statutes of limitation (time limits) is provided for general reference purposes only. The discovery rule does not apply to every Avandia case in every state. If you think you may have have a claim to an Avandia settlement or would like to find out if you have a right to file an Avandia lawsuit, you should contact an attorney immediately.

The attorneys at AvandiaRecallNews.com no longer are accepting new Avandia cases.


One Response to “Avandia settlement time limits : Lawsuit statute of limitations”


by Robert on 10-31-10 at 2:54pm

I was 37 and had to have Quadruple bypass in Oct 2005. I was on Avandia for a full two years (2001-2003). Is it too late for me to act?



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