Laws that set the time limit for filing lawsuits are called statutes of limitation. If your Zoloft lawsuit is not filed before the legal deadline (when the statute of limitation runs), you will be prohibited from filing a case and your right to recover financial compensation will be lost.
Statutes of limitation are intended in law to make sure valid lawsuits are filed while evidence in the claim and memories about the facts of the case are fresh. In addition, legal time limits protect potential defendants from having exposure to lawsuits forever. If you file a claim within the time allowed by law, the statute of limitation has no effect on your case and will not bar your recovery.
Several factors can affect the amount of time you have to file a Zoloft lawsuit. The following are some of these factors:
- State where your baby was born
- Type of injury suffered
- State where the lawsuit will be filed
- Age of the injured child filing the lawsuit
- Whether the claim is for personal injury or wrongful death damages
To learn about the statute of limitation time limit that applies to your Zoloft lawsuit case, you should speak with a Zoloft birth defects lawyer right away. Time is of the essence.
You still may be have a right to recover Zoloft birth defects compensation. Contact us now for a free no-obligation consultation with an experienced Zoloft birth defects lawsuit attorney. Talk with a lawyer about your legal rights. Let us help you. Submit the Zoloft attorney contact form or call us toll-free. 800-845-6913
The specific facts and circumstances of every case are different. Talk to a lawyer for legal advice about how statutes of limitation apply to your situation.
Statutes of limitation vary from state to state. After the time limit for making a Zoloft claim expires, your Zoloft settlement claim will be barred. The law may provide exceptions to extend or toll the statute of limitations under certain special circumstances where specific legal criteria met.
The Discovery Rule
In many cases, it is not reasonably possible for the parents of an injured child to discover the cause of a child’s birth defect injury until after some period of time has passed after the child is born. Many states have adopted a “Discovery Rule” that keeps the time within which to file a lawsuit from beginning to run until the parents knew or should have known the cause of the birth defect injury and the existence of their claim.
For example, when a child is born with a heart defect or other birth defect, his or her parents may not have known at the time that Zoloft use during pregnancy could have been the cause. Where the Discovery Rule is applied, the statute of limitations would not begin to run until the parents knew or should have known that the birth defect may have been caused by Zoloft.
Statute of Limitations (Time Limits) for Zoloft Lawsuit by Minors
In lawsuits involving birth defects caused by a SSRI antidepressant drug like Zoloft, a special Statute of Limitations may apply because the person injured is a minor child. The time limit for filing a Zoloft birth defects lawsuit may not even start to run until the injured child reaches the age of 18.
Because statutes of limitation that set time limits for filing Zoloft birth defect lawsuits vary from state to state, it is important to speak with a lawyer as soon as possible after you find out that your child’s birth defect may have been caused by a drug to learn what the time limit for a Zoloft lawsuit is in your specific case.
This information about Zoloft lawsuit statutes of limitation (time limits) is provided for general reference purposes only. The discovery rule and special statutes of limitation for minors may not apply to every Zoloft case in every state. If you think you may have have a claim to a Zoloft settlement or would like to find out if you have a right to file a Zoloft lawsuit, you should contact an attorney immediately.
2013 Zoloft Lawsuits Still Being Filed Now
To find out how Zoloft lawsuit time limits apply to the specific facts of your case, call 800-845-6913 or submit the Zoloft case evaluation request form on this page. You still may be entitled to recover a Zoloft settlement. Act now. Get a free no-obligation consultation with an experienced Zoloft lawsuit attorney.