What are filing deadlines, and why do they matter for your claim?

Two kinds of filing deadlines

Two kinds of laws set filing deadlines:

• Statute of limitations: sets how long you have to file a lawsuit after a claim arises. Once it passes, a court can dismiss the case
• Statute of repose: sets an outer limit measured from a fixed event, like the date a product was sold. It can end a claim even before the injury happens or is discovered

When the deadline starts running

For an injury you notice right away, the clock usually starts on the day it happens. For injuries that appear later, many states use a discovery rule. Under that rule, the clock starts when you knew, or reasonably should have known, about the injury and its likely cause.

Each state applies the discovery rule differently, and courts decide disputes about it case by case.

Why your deadline may differ from someone else's

Several things change which deadline applies to you:

• Your state: each state sets its own deadlines, and the state whose law applies isn't always the one you live in
• The type of claim: product liability, medical malpractice, wrongful death, and claims against a government can each have different deadlines
• Your age: some states pause the deadline for people who were minors when the injury happened
• Special programs: compensation funds and settlement programs can set their own registration or claim deadlines

What doesn't stop the clock

These steps don't pause a filing deadline:

• Asking for information or a free review, including through TortMatics
• Talking to a doctor or requesting your records
• A pending multidistrict litigation (MDL) for the same product. Some MDLs have special tolling agreements, but you can't assume one covers you

Filing a lawsuit is what usually stops a statute of limitations. Only a licensed attorney in your state can tell you which deadline applies and when it ends.

What to do now

If you think you have a claim:

1. Write down key dates: when you used the product, when symptoms started, and when you were diagnosed
2. Keep any letters from courts, settlement administrators, or government programs
3. Talk to a licensed attorney soon, since only an attorney can confirm your deadline