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The statute of limitations for any lawsuit can be a very confusing topic. And it’s only confounded by high-profile cases associated with the Roundup weed killer because these cases are mainly dealt with in the state court systems.
With each state having its own set of laws for different filing deadlines, this becomes one of the most important pieces of legislation to be aware of.
To help you better understand these time restraints, we’ve put together some easy-to-understand details.
1. What Is the Deadline for Filing a Lawsuit?
The statute of limitations deadline for cases depends on the legislation of every individual state. It’s usually between two and four years, with some states having longer and shorter time restrictions.
That’s lawyer talk for saying that the time you have to file a lawsuit depends on what state you live in .
Most personal injury lawsuits have to be filed in less than two years, and it’s vital that you talk to personal injury lawyers at the earliest possible time to make sure that your legal action has the best chance of success.
To further complicate the matter, it’s important to note that each state has a discovery rule. Under this rule, the time limit only starts when a plaintiff has discovered they have a serious illness. It might also take additional time to get a medical diagnosis, which are all complex matters that can influence a timeline of events.
If you have any concerns about the possible filing date limitations, contact our law firm for a free case evaluation.
“Every state has a statute of limitations, usually between two and four years, which limits the time you have to sue for product liability. The clock starts at the time you received the diagnosis or when you realized there may be a link between Roundup and your diagnosis or when it was widely known there was a link.”
- Mike Cetera, Editor, Forbes.com
2. Will the Lawsuit Filing Deadlines Change in the Future?
The applicable statute of limitations in different states rarely changes over time.
However, it’s important not to wait with lawsuit claims and start the filing process at the latest possible date. Not only can this add stress to the entire process, but you would also be delaying the date you’ll receive a payout.
Roundup-caused cancer can also progress very quickly, and plaintiffs may want to gain the satisfaction of knowing they have won a lawsuit and take advantage of the payout to help them with medical treatments.
3. Does the Limitation Influence the Legal Process?
No, the statute of limitations doesn’t influence legal processes and proceedings. It may result in more time pressure to get a lawsuit filed, but as long as this happens within the limitations, the following lawsuit process stays the same.
After the initial phase of filed lawsuits, lawyers for the plaintiff and defendant will enter a discovery process. This is a critical stage where your lawyer will present all the facts and evidence to support your claim.
And before Roundup cases go to trial, there will be a stage where both parties to the case present pre-trial motions to have certain evidence either included or excluded.
The timeline and timing of this legal process are the same as long as your case is filed within the time restraints of your state.
4. Who Is Eligible to File a Lawsuit?
People with a cancer diagnosis or other serious disease who used Roundup regularly are eligible to file a lawsuit against Bayer within the statute of limitations.
The most common diseases that lawsuits have seen as evidence are non-Hodgkin's lymphoma and multiple myeloma . While the Environmental Protection Agency still doesn’t list the glyphosate-based herbicide Roundup as linked to cancer, the World Health Organization took steps in 2015 to list it as probably carcinogenic .
There is potential that future Roundup claims will also include other diseases, but only time will tell if medical scientists can find such legal evidence.
5. What Happens if You Don’t Have Symptoms Yet?
The way the statute of limitations of each state works in personal injury claims for Roundup is different from, say, a car accident. In an accident situation, the damage is an immediate result of an event. And the time starts ticking from that event.
However, a Roundup-related illness is different.
Health issues associated with Roundup weed killer could develop many years after the glyphosate exposure. Maybe you used it as part of your job in 2015, but you’ve only now developed symptoms of non-Hodgkin's lymphoma.
In that situation, the time limitation starts when you first have signs of a health problem that are diagnosed as cancer by a doctor.
While all of this is time-sensitive or confidential information, it will form a key part of determining a timeline of your health problems and tying them back to Roundup use.
Take Advantage of a Free Case Review
If you have any concerns about the statute of limitations for a case you want to bring against Monsanto/Bayer, then take advantage of a free case review with one of our lawyers today.
Our team is dedicated to building an attorney-client relationship that puts you at the center of everything we do.
This will take most of the stress out of the legal process and means that you can focus on your medical treatment and family. Our team will ensure that your lawsuit is perfectly planned and executed so that you get the maximum possible payout.