Dangerous drug claims hold drug manufacturers accountable when their medications cause injuries or illnesses. However, these cases can become complicated when showing that a drug manufacturing error led to an injury. Often, proving a manufacturer liable requires the help of expert witnesses and an analysis of a drug maker’s internal operations.
Additionally, it is crucial to remember that a statute of limitations in Houston dangerous drug claims limits the time a person has to hold a negligent manufacturer responsible for their actions. Meeting this deadline is an essential part of any civil case. Fortunately, a skilled dangerous drugs lawyer at Roberts Markland LLP could help an injured person meet these timeframes to ensure a favorable case outcome.
Dangerous drug cases rely on the legal theory known as product liability. Product liability cases in Houston allege that a product’s manufacturer was liable for a customer’s injuries. Under state law, these cases are classified as personal injury claims, meaning a statute of limitations will apply.
According to Texas Civil Practice & Remedies Code §16.003, the statute of limitations for hazardous medication cases is two years. However, if someone does not file a claim in court within two years of their injury, the court will likely bar the plaintiff from recovering compensation.
While state law creates a two-year time limit on most personal injury cases, this may only directly apply to some cases. For example, several factors may extend this time limit. Often, this extension is known as a tolling of the statute of limitations.
Knowing that the statute of limitations for personal injury cases in Houston begins when a person discovers their injury is essential. If more than two years have passed since a person took a dangerous drug, the time limit on their case will begin when they discover their injuries or illness. However, drug manufacturers and their attorneys may argue that an injured person should have known about a side effect before taking the medication.
Another potential complication regarding the statutes of limitations in unsafe drug cases occurs when a medication developer recalls their product. In these instances, a drug company may argue that recalling the medication should serve as a notice to all potential victims that there is a problem with their product, initiating the two-year time limit.
Alleging that the statute of limitations has expired is a common defense tactic drug companies use in dangerous medication cases. However, retaining a knowledgeable attorney who can build a powerful case could help a plaintiff fight this defense.
All civil claims are subject to time limits, which ensures that cases going before the court have occurred recently. Most people seeking compensation through a dangerous drug case must meet the state’s two-year statute of limitations.
This time limit begins when you discover your injury or illness. Consult an experienced attorney and let them determine if there is still time to demand compensation. Call a legal team member at Roberts Markland LLP today to schedule a consultation.