In Illinois, the statute of limitations in a class action case depends on what kind of case is filed. The state statute of limitations is found in the Code of Civil Procedure, 735 Ill. Comp. Stat. 5/13-201. According to this law, you generally have two years to file a lawsuit after a personal injury, such as an injury that might occur after a drug is defectively manufactured or negligently marketed.
In some cases the statute of limitations may be extended. For example, you may have more time to file a case if:
- You were under the age of 18 when you were hurt and your parents or guardian failed to take action on your behalf.
- You did not know, and could not have reasonably known, that you were hurt yet.
- You were mentally or physically incapacitated.
If the drug company believes that your statute of limitations period has expired, then it is up to the drug company, as the defendant, to raise the issue and prove that it has in fact expired.
Statutes of Limitation Issues Can Be Complicated in Drug Injury Cases
The statute of limitations can become a contested issue in your drug injury case. Accordingly, it is important to understand the general rule and common exceptions to the rule, as described above. It is also important to know that if your case is consolidated into multi-district litigation in a federal court outside Illinois, the Illinois statute of limitations will likely still apply to your case if you originally filed your lawsuit in our state.
If the defense successfully argues that the statute of limitations expired before you filed your case, then you will not be able to recover damages for your injuries. Thus, you need to take action quickly and you need to be sure that your rights are protected. Call us anytime or start a live chat with us at your convenience and let us help you protect your legal rights and potential recovery after a medication or medical device injury. We would be pleased to explain how a pharmaceutical class action case works and to provide you with a free consultation.