How Long Do You Have to File a Drug Injury Lawsuit?
Although drug injuries are often serious and even life-threatening, many victims don’t realize that their health problems were caused by a dangerous or defective medication. Or, they may be in such bad health that they aren’t capable of doing anything else other than focusing on their recovery for months or even years.
When that happens, they may think it’s too late to file a drug injury claim once they realize what caused their health issues. But in most cases, victims have plenty of time to file drug injury lawsuits. However, the exact length of time—known as the statute of limitations—depends on the states they live in.
- States with 1-year statute of limitations: Kentucky, Louisiana, and Tennessee
- States with 2-year statute of limitations: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia
- States with 3-year statute of limitations: Arkansas, Washington, D.C., Maryland, Massachusetts, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin
- States with 4-year statute of limitations: Florida, Nebraska, Utah, Wyoming
- States with 5- or 6-year statute of limitations: Maine, Missouri, North Dakota
Although these time limits may seem generous, especially in states with two or more years to file a claim, those months can pass quickly. In addition, the more time that passes between the injury and the compensation claim, the more likely the drug manufacturer and insurance company will fight to deny you the money you’re owed.