Victims’ Rights and Statute of LimitationsIndividual who have suffered injuries and relatives of loved one who have died due to defective products are entitled to compensation for all damages incurred. However, claims against at fault parties must be filed within a certain time line delineated by the law. The statute of limitations for product defect claims differ in every jurisdiction in the United States. For example individuals in California have 2 years from the date of the accident to file a claim while Florida places a 4 year limitation to file a lawsuit from the date of the incident.
What if the Statute of Limitations Has Run – Tolling of a StatuteIn certain instances courts have granted a tollign of the statute thus bypassing the mandatory deadline for filing a personal injury claim. Specific instances where courts can grant a tolling of a statute include the following…
- Mental incapacitation of the injured party.
- Physical incapacitation of the injured party.
- The injured party did not know his or her injuries were the result of the defect.
- The injuries of the victim did not manifest until a later time.