All civil lawsuits across the United States are subject to a rule known as the statute of limitations, which sets a deadline for filing a claim. In many cases, if you do not file your claim by the established deadline, the court will dismiss your lawsuit and you will lose your chance at claiming compensation. For Belviq victims, understanding the statute of limitations is necessary to preserve justice.
Statute of Limitations Overview by State
The civil statute of limitations varies from state to state, but they generally begin on the day you sustained your injury or illness due to the negligent act. Product liability claims, which Belviq lawsuits fall under, may be subject to specific legal considerations in addition to the statute of limitations.
Most states allow you to file a product liability claim within two to three years of developing cancer.
- Two years to file: California, Texas, Illinois, Georgia, Colorado, Alabama, Delaware, Alaska, Arizona, Hawaii, Idaho, Indiana, Iowa, Kansas, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Utah, Virginia, and West Virginia
- Three years to file: New York, Arkansas, Connecticut, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, and Wisconsin
On the other hand, three states only provide one year for you to file your Belviq lawsuit: Kentucky, Louisiana, and Tennessee. Missouri provides a five-year statute of limitations, while Maine and North Dakota have the longest deadlines at six years. Florida, Minnesota, Nebraska, and Wyoming provide a four-year statute of limitations.
Each state has different exceptions to its statute of limitations, as well as special legal considerations for defective drug and product liability claims. Before beginning the lawsuit process, always speak to your lawyer to determine which rules apply to your lawsuit.
What Is the Discovery Rule?
Because Belviq lawsuits involve cancer diagnoses, you may wonder when the statute of limitations clock begins. Since you do not usually discover cancer until after symptoms start to develop, understanding your deadline can be confusing.
In most states, if you did not discover your injury or illness until a later date, the discovery rule will extend your statute of limitations. You will file on the date you discovered or should have reasonably discovered your cancer, instead of the day the cancer develops. For example, if you live in New York and receive a cancer diagnosis, you have three years from the date of your doctor’s appointment to file a claim.
Seeking Justice for Belviq Cancer
You may qualify for legal action against Eisai Inc., the manufacturer of Belviq and Belviq XR, if you received a lung, pancreatic, or colorectal cancer diagnosis within seven years of taking the drug. You must have used Belviq for at least six months to be eligible for financial compensation.
If you wish to pursue a civil lawsuit against Eisai, Inc., time is an extremely important factor. You need to find an attorney who can represent you in your state, and begin the filing process so that you can meet your respective statute of limitations. You also need to confirm your specific statute of limitations as soon as possible — filing on a later date will lead to the dismissal of your lawsuit.
Shapiro Legal Group, PLLC represents former Belviq patients nationwide, partnering with top counsel in your local area to provide comprehensive legal services. Contact us today to schedule a free consultation with one of our Belviq lawsuit attorneys and take the first steps to file your claim.