If you have ever found yourself in the unfortunate situation of being injured by any defective or dangerous consumer product, then you may be entitled to recover money as compensation for your injuries. A product liability claim could be filed against the manufacturers or sellers of such goods and you could recover damages. But to file such claims, you need to take action within a specified period of time or you may lose all your rights to sue.

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The Statute of Limitations

There is a rule by law, known as the ‘statute of limitations’ whereby, any person who has been injured through an accident or by any product and who wishes to file a lawsuit for recovery of damages, needs to do so within a particular time limit. If the lawsuit is not filed within the statute of limitations, then any legal right of the injured party will be lost forever and he or she will no longer have the option to sue for recovery of any money or compensation.

In the United States, there is no set statute of limitations for the entire country but each state has its own statute of limitations for product liability and personal injury claims.

In many states, the kind of claim can also have an impact on the statute of limitations and in case of minors who are injured; the statute of limitations may differ. Typically, the statute of limitations for a personal injury claim by a minor person does not begin until he or she reaches the age of 18. So, in this is the case in your state, if any minor child gets injured at the age of 16 and if that state has a 2 year statute of limitations, then the minor will not get just 2 but 4 years in which to file his personal injury or product liability case.

As was stated earlier, each state has their own statute of limitations for cases involving any injuries.

What Is ‘Discovery of Harm’

As per the statute of limitations, there is a certain period of time after a person has suffered an injury to file a personal injury lawsuit but this time period does not start until the injured person knows (or reasonably should have known) that they have suffered some harm. This awareness of harm is known as ‘discovery of harm’. While in most personal injury claims that arise out of injury due to accidents or any product, such discovery of harm does not apply as the harm is apparent; in some cases such as medical malpractices it may come into play.

For instance - a surgeon operated on someone and left something inside of that person. After a few years, during another surgery, this malpractice comes to light, then the statute of limitations in such a case does not begin when the first surgery took place but actually begins when the harm was ‘discovered’.

But any such delay in finding out about the harm should be reasonable. For instance, if the same patient was experiencing some pain after the first surgery but choose not to do anything about it, then the discovery of harm rule may not apply as there was reason for him to know about the harm but he choose not to.

The time to bring a case may change in any state at any time. So if you ever need to file a claim for any injury, it is best to find out the statute of limitations in your state at that particular time.

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