subject: What is the Time Limit for a Hip Replacement Lawyer to File a Lawsuit for Me? [print this page] What is the Time Limit for a Hip Replacement Lawyer to File a Lawsuit for Me?
The answer to this question depends on several factors that can be very confusing and seem contradictory. This is one of the many reasons why anyone with a recalled hip implant might seek the counsel of an experienced hip replacement lawyer. Cases involving the DePuy ASR Acetabular System or the DePuy ASR Hip Resurfacing System are covered by products liability statutes of limitations. Statutes of limitations in products liability cases vary for a wide range of reasons, including these:
Whether or not the discovery of the injury was delayed
Whether or not an extension to the statute of limitations would apply
The jurisdiction where the action will be brought
Many other factors that may be unique to your case
In Pennsylvania, for instance, the statute of limitations for a products liability case is two years with the Discovery Rule. The Discovery Rule covers when an injury was discovered or when an injury should have reasonably been discovered. The point of the Discovery Rule is to move or "toll" the calendar date of the statute of limitations from the origination point of the civil wrong. In other words, the Discovery Rule moves the statute of limitations from its original point to when the wrong was discovered or should have been discovered. This rule safeguards the legal rights of an injured party.
Lawsuits with many plaintiffs such as the pending hip replacement recall lawsuits against Johnson & Johnson, parent company of DePuy, are often combined into one large class action lawsuit with plaintiffs spread across many jurisdictions. Such multi-district litigation is necessary for pretrial management, gathering of facts and many other important facets of large legal cases. After a multi-district panel, all cases that are ripe for remand return to their original venue for trial and are subject to that state's statutes of limitations, but, again, factors specific to the case may or may not affect the statute of limitations.
As you can see, many different factors can affect the time limit that your hip replacement lawyer can file a lawsuit for you. However, given the high failure rates of these hip implants and the considerable costs and discomfort of having one of these defective implants removed and replaced, you may wish to contact an experienced hip replacement lawyer as soon as possible. At the Rottenstein Law Group, our lawyers will explain statutes of limitations and other confusing legal concepts clearly so that you can decide which course of action will be best for you.
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