Is there a statute of limitations for filing a lawsuit in a medical device failure case resulting in disability?

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Is there a statute of limitations for filing a lawsuit in a medical device failure case resulting in disability?

Asked on April 13, 2012 under General Practice, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This area of law is products liability.  The statute of limitations in Ohio in a products liability case is two years. 

The statute of limitations in Ohio in a personal injury case is two years.

If the lawsuit is not filed before the two year statute of limitations expires, you will have lost your rights forever in the matter.

 A lawsuit can be filed where the plaintiff resides or where the defendant resides (corporate headquarters location of the medical device company) or where the claim arose.  If you have missed the statute of limitations in Ohio, but the statute of limitations has not expired in the state where the defendant is located, you could file your lawsuit in that state.


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