Poligrip Lawsuits Must Be Filed Before the Statute of Limitations Expires
If you believe that your neurological damage was caused by denture cream use and are considering filing a Fixodent or Poligrip lawsuit to obtain compensation for your losses, you need to know that the amount of time to take legal action is limited. Laws known as statutes of limitations exist so that lawsuits take place a reasonable amount of time after the incident that gave rise to a claim (otherwise, important evidence, witnesses, and testimony can become lost, corrupted, or inaccurate). In cases involving a dangerous or defective product that causes injury, the statute of limitations begins at the time the injury is sustained and ends, on average, from one to three years later. Failure to file a lawsuit within this time frame could mean that you are forever barred from taking legal action.
The actual amount of time you have to take legal action against a party (such as denture cream manufacturers GlaxoSmith Kline and Procter & Gamble) that caused your injury depends on where you live, as statutes of limitations vary from state to state. Another variable is something called the "discovery rule" which only some jurisdictions follow. The discovery rule states that the statute of limitations begins to run at the time an injury is discovered, or reasonably should have been discovered. This law exists in some states because the "time of injury" that causes the statute of limitations to begin to run is not always obvious.
To illustrate this point, first consider a scenario in which you purchase defective tires for your car and they cause you to have an accident and suffer a broken leg. The time of injury in this case is clear: it occurs the moment your vehicle crashes. Other injuries, however, do not occur all at once. This is the case with nerve damage caused by the zinc in denture cream. It could take years of using a product such as Fixodent or Poligrip for the symptoms of neuropathy to manifest. In jurisdictions that follow the discovery rule, the time of injury would occur when you become aware of your condition (most likely when a doctor diagnoses it), or reasonably should have (for example, if you ignore the symptoms of neuropathy and don't visit a doctor, a court might rule you should have known you were injured and the statute of limitations began to run some time ago).
Because the statute of limitations and the application of the discovery rule are not the same in every state, it is important that you speak with an attorney about your claim. Keep in mind, however, that even if you are no longer using denture cream, you might still be able to file a Fixodent or Poligrip lawsuit and obtain compensation for your injuries. To find out whether you have a case, contact the Rottenstein Law Group. With more than 25 years of experience in product liability law, the lawyers of RLG know how to hold blameworthy companies responsible for the injuries their products cause.
The actual amount of time you have to take legal action against a party (such as denture cream manufacturers GlaxoSmith Kline and Procter & Gamble) that caused your injury depends on where you live, as statutes of limitations vary from state to state. Another variable is something called the "discovery rule" which only some jurisdictions follow. The discovery rule states that the statute of limitations begins to run at the time an injury is discovered, or reasonably should have been discovered. This law exists in some states because the "time of injury" that causes the statute of limitations to begin to run is not always obvious.
To illustrate this point, first consider a scenario in which you purchase defective tires for your car and they cause you to have an accident and suffer a broken leg. The time of injury in this case is clear: it occurs the moment your vehicle crashes. Other injuries, however, do not occur all at once. This is the case with nerve damage caused by the zinc in denture cream. It could take years of using a product such as Fixodent or Poligrip for the symptoms of neuropathy to manifest. In jurisdictions that follow the discovery rule, the time of injury would occur when you become aware of your condition (most likely when a doctor diagnoses it), or reasonably should have (for example, if you ignore the symptoms of neuropathy and don't visit a doctor, a court might rule you should have known you were injured and the statute of limitations began to run some time ago).
Because the statute of limitations and the application of the discovery rule are not the same in every state, it is important that you speak with an attorney about your claim. Keep in mind, however, that even if you are no longer using denture cream, you might still be able to file a Fixodent or Poligrip lawsuit and obtain compensation for your injuries. To find out whether you have a case, contact the Rottenstein Law Group. With more than 25 years of experience in product liability law, the lawyers of RLG know how to hold blameworthy companies responsible for the injuries their products cause.
