What Is The Statute Of Limitations For Talcum Powder-Causing Ovarian Cancer Or Mesothelioma Claims?
- Zanes Law Web Team
- September 3, 2019
- Product Damage
Each state enforces its own laws regarding statute of limitations for talcum powder-caused ovarian cancer or mesothelioma lawsuits. When it comes to taking legal action to recover damages, the time constraints for filing your claim depend on the state in which you file.
For wrongful death claims related to talcum powder, the start date for the statute of limitations period coincides with the date on which the individual died from their talcum-powder-caused illness.
In cases of wrongful death, the statute of limitations, regardless of state, begins on the date of the death of the individual who died due to their asbestos-caused ovarian cancer or mesothelioma.
The “Discovery Rule”
Several factors can dictate the length of time you have to file your talcum powder lawsuit. Typically, with a personal injury case, the beginning date used to calculate application of the statute of limitations coincides with the date that the plaintiff’s injury occurred.
However, a standard personal injury statute of limitations would preclude the victim of a talcum powder-caused illness from meeting the time constraints specified and therefore recovering the damages to which they might otherwise be entitled.
However, certain illnesses have a long latency period, where the symptoms of the illness do not manifest immediately. It is possible that patients who suffer from mesothelioma will not be diagnosed for as long as 50 years after they were exposed to the talcum powder that caused their illness.
Years of Exposure
The latency factor combines with the reality that illness from talcum powder usually happens only after years of exposure to the substance, making it difficult, if not impossible, to pin down one date that triggers the statute of limitations.
For these reasons, U.S. states have adopted the “discovery rule” for many injury cases. This rule changes the “trigger” date for the statute of limitations to coincide with the date that the potential plaintiff’s ovarian cancer or mesothelioma is diagnosed.
Statutes of Repose
A plaintiff’s lawyer has more to consider than the statute of limitations. They must also look into statutes of repose upheld by the state in which they file their talcum powder claim. The statute of repose, put into place to protect defendants from long-term product liability, could possibly negate a potential plaintiff’s ability to recover damages, even in the case of illnesses with extended latencies.
Determining Which State’s Rules Apply to Your Case
The state in which you file your talcum powder-causing ovarian cancer or mesothelioma claim plays a very important role in the outcome of your case. Your lawyer will know how to handle this component of your case strategy to best benefit you.
It is common for cancer or mesothelioma patients to file their claims either in:
- The state in which they reside
- The state in which they experienced exposure to the talcum that injured them
And still, many variables factor into this decision.
Because statutes of limitations can literally break your case before you even file it, we cannot overstate the importance this element plays in your case and the importance of grasping this component as early on as possible.
Call a Lawyer Now to Start Your Talcum Powder Claim
A personal injury lawyer understands the intricacies of the statute of limitations for talcum powder-caused ovarian cancer or mesothelioma lawsuits, depending on your state’s specific laws. As with any personal injury lawsuit, the earlier you begin, the better you position yourself to meet the time constraints established by the state in which you ultimately file your lawsuit.
Furthermore, by hiring legal representation earlier rather than later, you give your lawyer more time to gather evidence, interview witnesses, and calculate your recoverable damages. In other words, you give your attorney more time to build a solid case that is more likely to land you the compensation you need and deserve.
If you have been diagnosed with ovarian cancer or mesothelioma as a result of talcum powder use or exposure, Zanes Law will do everything from A to Z to see that you receive compensation. Call (866) 499-8989 for a free case review and consultation.
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