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You do not really have to be counting the minutes, if a defective product has caused you to suffer an injury. Still, if you plan to file a personal injury claim, you do have to be conscious of the days and the months that have passed since the moment when you got injured. Each state has established its own guidelines, regarding the amount of time allowed to the person that was injured by a defective product.
Fortunately, each of those injured victims does have some ability to adapt the guidelines to his or her situation. A product’s manufacturer does not always operate in the state where the victim resides. Hence the victim’s need to abide by the appropriate statute of limitations does not have to be that restrictive in nature. It does give the victim the ability to file a claim in one of at least two different locations.
When does the clock start ticking?
If a state has said that a claim must be filed within a two year period. What is the starting date for that two year interval? In some states it is the day when the defective product injured the unfortunate victim. In other states it is the day when the victim’s injury or medical condition became apparent, or the day when it should have become apparent.
Some states that start the clock ticking when the injury or condition should have become apparent also put a limit on the amount of time allowed for discovery of a medical problem. Typically, states give victims no more than a span of about 12 years in which to discover that some purchased item has been responsible for a certain medical condition.
Some manufacturers like to get the clock ticking as early as possible. In that way, consumers get forced to deal with the existence of a shorter period of time for filing a personal injury claim. Some manufacturers reduce the length of that time span by sending a letter to those consumers that have purchased a certain product. You need to talk with a personal injury lawyer in Stouffville to get a fair idea about the claim.
Frequently, the manufacturer discovered the defect after it had already appeared on store shelves. In such situations, the manufacturer’s letter hints at the existence of a problem and offers a replacement. By making that offer, the manufacturer has gained the legal right to say that the clock starts ticking when the buyer of that particular product has read the warning letter.
How such a letter can help the victim
A letter sent by a manufacturer does reduce the time that the consumer has for filing a claim. Still, it also provides proof that a defect existed and had the ability to inflict harm the person using it.