QUESTION
When did my injury 'limitations' begin or when did they end?
Asked on Oct 21st, 2013 on Personal Injury - Colorado
More details to this question:
I underwent total hip replacement 06/2009. I had hip revision surgery 06/2013 to replace a defective Depuy ASR hip. I was recently told that my statute of limitation for filing a law suit may already be expired. I don't know how this is possible when I wasn't notified of the recall until 2010.
8 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not enough information here. is your injury a direct results of the problem that led to the recall? You have 3 years from the date of malpractice. so when is that date? Why don't you see a lawyer if you thin k you have a case.
Answered on Oct 22nd, 2013 at 1:44 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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An interesting question. If you can prove that you were injured, meaning that you were made worse off than you were before, the statute of limitations in NY would run three years from the point of failure, if you can prove when that was. If you are suing for the replacement, I think that would be a breach of warranty and the limit for that is four years from the date of delivery.
Answered on Oct 22nd, 2013 at 1:42 PM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
These issues are dependent on a lot of facts. Basically your Statute of Limitations starts to run when you become aware of a problem with the medical procedure so in your case, as soon as you started having problems that were greater than normal. Then if you knew there was a recall in 2010 the SOL very likely began then. However if you didn't have any experience of problems until later, the discovery date which is when the SOL starts could arguably be later. The SOL is 3 years from date of discovery.
Answered on Oct 22nd, 2013 at 1:38 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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The S/L begins to run when a reasonable person should have realized that there was a problem with the hip. Talk to a hip replacement class action attorney.
Answered on Oct 22nd, 2013 at 1:38 PM
Without having the opportunity to review medical records, speak with the client and review the literature he's been given or which was given to the doctors who performed the implant I am hesitant to express an opinion about the statute of limitations. If I were a person who had an implant performed I would hesitate to believe the opinion of any lawyer who had not done all of the above and who is expressing an opinion about the limitation period applicable to my case. These are not standard personal injury cases, but are governed by MDL rulings of the governing court. This is not the kind of case you can sit back and wait until you're ready to hire a lawyer. When considering hiring a lawyer I'd suggest you act sooner rather than later.
Answered on Oct 22nd, 2013 at 1:33 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, there is a two-year statute of limitations for personal injury. You might try to sue under contract for the defective hip, but that may only get you reimbursement for your costs.
Answered on Oct 22nd, 2013 at 1:31 PM
Ronald A. Steinberg
Under Michigan law, you have 2 years from the date of the malpractice, or within 6 months when the malpractice was discovered or reasonably should have been discovered within which to file a lawsuit.
Answered on Oct 22nd, 2013 at 1:29 PM
James Eugene Hasser
In Alabama, generally speaking, your time would be 2 years from the recall notice to sue for negligence. However, there are some other legal theories that may keep your claim alive.
Answered on Oct 22nd, 2013 at 1:28 PM