How Long Can I Wait To File?

There are two laws that you have to pay attention to when you are considering filing a medical malpractice or product liability action. These laws are set in place both to protect the accused and the accuser. By waiting too long to file a claim, you may lose your right to file.

First, there is the statute of limitations. This law requires you to file an action within a certain period of time after the action "accrues." Generally, the action accrues at the time of injury. However, this period may be extended if the injury could not have been reasonably discovered any sooner, or if the victim suffered from a legal disability, including being a minor at the time the harm was inflicted. In Texas, the statute of limitations for medical malpractice and product liability claims (including those involving wrongful death) is two years from the date of injury.

Second, you need to be aware of the statute of repose. Under the Texas statute, no product liability claim can be commenced against a manufacturer or seller of a defective product more than 15 years after the date of sale. For medical malpractice actions, the statue of repose bars bringing any claims more than 10 years after the date of injury.

Point in case- don't wait long before filing a pharmaceutical injury claim. After long periods of time, evidence tends to diminish and it is more difficult to determine an accurate ruling in your case. The incident is no longer fresh in anyone's mind and the person at fault for the accident may have gotten rid of evidence after such a long period of time. In most cases of medical malpractice, you have 10 years after the date of your injury to file.