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What is the Statute of Limitations for a Belviq Lawsuit?

A statute of limitations, or SOL, is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings. For Belviq victims who developed cancer, understanding the statute of limitations is necessary to preserve justice.
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Understanding the Statute of Limitations

The time bar associated with making valid legal claims in a court of law is referred to as the statute of limitations. There are different statutes of limitations for different causes of action, including cases involving crimes, personal injury, and debt.

For product liability / defective drug claims, most U.S. states have a 2-year statute of limitations. However, certain statutes only provide 1 year in which to file a lawsuit. Others provide a statute of limitations of up to 10 years. If the case is based on medical malpractice instead of product liability, the SOL may be different, depending on the particular state’s law.

When Does the Statute of Limitations Begin?

If you developed cancer after taking Belviq, you may be wondering how long you have to file a lawsuit against the manufacturer. Since cancer is not typically diagnosed until after symptoms begin, understanding your specific statute of limitations can be confusing.

In most U.S. states, if you did not discover your injury or illness until a later date, the discovery rule will extend your time frame to file a complaint. You will file on the date you discovered or should have reasonably discovered your cancer, instead of the day the cancer develops.

Related ArticleBelviq (Lorcaserin) Lawsuit Update

Statute of Limitations for Defective Drugs by State

  • Alabama – Alabama Statute of Limitations Ala. Code § 6-2-2 et seq. Defective Drug Case: 2 Years
  • Alaska – Alaska Statute of Limitations Alaska Stat. § 09.10.010 et seq. Defective Drug Case: 2 Years
  • Arizona – Arizona Statute of Limitations Ariz. Rev. Stat. Ann. § 12-541 et seq. Defective Drug Case: 2 Years
  • Arkansas – Arkansas Statute of Limitations Ark. Code Ann. § 16-56-101 et seq. Defective Drug Case: 3 Years
  • California – California Statute of Limitations Cal. Civ. Proc. Code § 312 et seq. Defective Drug Case: 2 Years
  • Colorado – Colorado Statute of Limitations can be found at Colo. Rev. Stat. § 13-80-102 et seq. Defective Drug Case: 2 Years
  • Connecticut – Connecticut Statute of Limitations Conn. Gen. Stat. Ann. § 52-575 et seq. Defective Drug Case: 2 Years
  • Washington D.C. – District of Columbia Statute of Limitations D.C. Code § 12-301 et seq. Products Liability 3 Years
  • Florida – Florida Statute of Limitations Fla. Stat. Ann. § 95.011 et seq. Products Liability 4 Years
  • Georgia – Georgia Statute of Limitations Ga. Code Ann. § 9-3-20 et seq. Defective Drug Case: 2 Years
  • Hawaii – Hawaii Statute of Limitations Haw. Rev. Stat. § 657-1 et seq. Products Liability 2 Years with the discovery rule
  • Idaho – Idaho Statute of Limitations Idaho Code § 5-201 et seq. Products Liability 2 Years
    Illinois – Illinois Statute of Limitations 735 Ill. Comp. Stat. 5/13-201 et seq. Products Liability 2 Years
  • Indiana – Indiana Statute of Limitations Ind. Code Ann. § 34-11-2-1 et seq. Products Liability 2 Years
  • Iowa – Iowa Statute of Limitations Iowa Code Ann. § 614.1 et seq. Products Liability 2 Years
  • Kansas – Kansas Statute of Limitations Kan. Stat. Ann. § 60-501 et seq. Products Liability 2 Years
  • Kentucky – Kentucky Statute of Limitations Ky. Rev. Stat. Ann. § 413.080 et seq. Products Liability 1 Year with the discovery rule
  • Louisiana – Louisiana Statute of Limitations La. Civil Code § 3492 et seq. Products Liability 1 Year
  • Maine – Maine Statute of Limitations Me. Rev. Stat. Ann. tit. 14, § 751 et seq. Products Liability 6 Years
  • Maryland – Maryland Statute of Limitations Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq. Products Liability 3 Years
  • Massachusetts – Massachusetts Statute of Limitations Mass. Ann. Laws ch. 260, § 1 et seq. Products Liability 3 Years
  • Michigan – Michigan Statute of Limitations Mich. Comp. Laws § 600.5801 et seq. Products Liability 3 Years
  • Minnesota – Minnesota Statute of Limitations Minn. Stat. Ann. § 541.01 et seq. Products Liability 4 Years
  • Mississippi – Mississippi Statute of Limitations Miss. Code. Ann. § 15-1-1 et seq. Products Liability 2 Year
  • Missouri – Missouri Statute of Limitations Mo. Rev. Stat. § 516.097 et seq. Products Liability 5 Years
  • Montana – Montana Statute of Limitations Mont. Code Ann. § 27-2-2021 et seq. Products Liability 3 Years
  • Nebraska – Nebraska Statute of Limitations Neb. Rev. Stat. § 25-201 et seq. Products Liability 2 Years
  • Nevada – Nevada Statute of Limitations Nev. Rev. Stat. Ann. § 11.010 et seq. Products Liability 4 Years
  • New Hampshire – New Hampshire Statute of Limitations N.H. Rev. Stat. Ann. § 508:1 et seq. Products Liability 3 Year
  • New Jersey – New Jersey Statute of Limitations N.J. Stat. Ann. § 2a:14-1 et seq. Products Liability 2 Years
  • New Mexico – New Mexico Statute of Limitations N.M. Stat. Ann. § 37-1-1 et seq. Products Liability 3 Years
  • New York – New York Statute of Limitations N.Y. Civ. Prac. Laws & Rules § 201 et seq. Products Liability 3 Years
  • North Carolina – North Carolina Statute of Limitations N.C. Gen. Stat. § 1-46 et seq. Products Liability 6 Years
  • North Dakota – North Dakota Statute of Limitations N.D. Cent. Code § 28-01-01 et seq. Products Liability 10 Years
  • Ohio – Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et Products Liability 2 Years
  • Oklahoma – Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et Products Liability 2 Years
  • Oregon – Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et Products Liability 2 Years
  • Pennsylvania – Pennsylvania Statute of Limitations 42 Pa. Cons. Stat. Ann. § 5501 et seq. Products Liability 2 Years
  • Rhode Island – Rhode Island Statute of Limitations R. I. Gen. Laws § 9-1-12 et seq. Products Liability 3 Years
  • South Carolina – South Carolina Statute of Limitations S.C. Code Ann. § 15-3-510 et seq. Products Liability 3 Years
  • South Dakota – South Dakota Statute of Limitations S.D. Codified Laws Ann. § 15-2-1 et seq. Products Liability 3 Years
  • Tennessee – Tennessee Statute of Limitations Tenn. Code Ann. § 28-3-101 et seq. Products Liability 1 Year with the discovery rule
  • Texas – Texas Statute of Limitations Tex. Civ. Prac. & Rem. Code § 16.001 et seq. Products Liability 2 Years
  • Utah – Utah Statute of Limitations Utah Code Ann. § 78-12-22 et seq. Products Liability 2 Years
  • Vermont – Vermont Statute of Limitations Vt. Stat. Ann. tit. 12, § 461 et seq. Products Liability 3 Years
  • Virginia – Virginia Statute of Limitations Va. Code Ann. § 8.01-228 et seq. Products Liability 2 Years
  • Washington – Washington Statute of Limitations Wash. Rev. Code Ann. § 4.16.005 et seq. Products Liability 3 Years
  • West Virginia – West Virginia Statute of Limitations W. Va. Code § 55-2-1 et seq. Products Liability 2 Years
  • Wisconsin – Wisconsin Statute of Limitations Wis. Stat. Ann. § 893.01 et seq. Products Liability 3 Years
  • Wyoming – Wyoming Statute of Limitations Wyo. Stat. § 1-3-102 et seq. Products Liability 4 Year

What if My SOL Expires?

If the statute of limitations expires, the defendant can raise the statute of limitations as an affirmative defense to get the case dismissed. This can occur even if the defendant would otherwise be liable for the damages that resulted. Only in rare circumstances can the statute of limitations be ignored, such as by the court deciding to do so or the defendant voluntarily waiving it.

Are There Exceptions to the Rule?

Some states do have extensions or exceptions to their statutes of limitations. Concerning product liability and defective drugs, the number of exceptions is very limited.

The main exception to a product liability statute of limitations is known as the discovery rule. According to the discovery rule, a person who suffers a personal injury due to a defective product and is not aware of the damage right away has 1 year from the date that they discover the injury to initiate legal proceedings.

Compensation for Belviq Lawsuits

Plaintiffs in Belviq cancer lawsuits have the right to seek financial compensation for economic and non-economic losses, including:

  1. All medical expenses connected to a Belviq cancer diagnosis
  2. Wage and income loss
  3. Loss of future earnings
  4. Emotional anguish
  5. Pain and suffering
  6. Loss of enjoyment of life
  7. Permanent disability
  8. Wrongful death

FAQs

What happens if the statute of limitations expires?

If the statute of limitations expires, you may lose the legal right to file a lawsuit and seek compensation for your injuries. This makes it essential to act within the allowable timeframe.

Can the statute of limitations be extended or tolled?

In some cases, the statute of limitations can be extended or tolled due to factors such as the plaintiff being a minor, the discovery rule (where the harm was not immediately apparent), or fraudulent concealment by the defendant. An attorney can help determine if these exceptions apply to your case.

Can I join a class action lawsuit for Belviq-related cancer?

You may be able to join a class action or file an individual lawsuit. Consulting with an attorney will help determine the best legal strategy for your situation.

How long does it typically take to resolve a Belviq lawsuit?

Lawsuit durations vary, but they can take several months to years, depending on the complexity and court schedules. Patience and thorough preparation are crucial.

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The Pharmaceutical Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs’ representation in lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.

If you or a loved one got cancer after taking Belviq, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

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