Those seeking compensation through a denture cream lawsuit settlement must understand that the amount of time to take legal action is not unlimited. Following an incident that leads to the filing of a legal claim, it is important that the ensuing lawsuit takes place relatively promptly. If it does not, key evidence, witnesses, and anything else that is used to substantiate a claim can be lost or corrupted, making legal proceedings ultimately unfair and inaccurate. To avoid this from happening, laws known as statutes of limitations set a time limit for when a lawsuit may be filed.
Statutes of limitations vary depending on the type of claim being filed and in what state the claim arises. Generally speaking, though, a person who is injured by a dangerous or defective product has from one to three years from the time the injury occurs to file a lawsuit. If you suspect that your injuries were caused by the use of a denture cream such as Fixodent or Poligrip, it is therefore paramount that you speak with a lawyer promptly to ensure that the statute of limitations does not expire.
In some product liability cases (the type of case that is filed when a faulty product injures you), the time an injury occurred is obvious. For example, if you purchase a car with malfunctioning brakes and this defect causes you to be injured in an accident, the statute of limitations begins to run at the time the accident occurs and you are injured.
But with other products, such as denture cream, an injury does not occur all at once. Research indicates that neurological damage caused by denture cream zinc only occurs after an extended period of heavy use. For this type of injury, it could take years for symptoms of harm (such as numbness and tingling of the limbs, difficulty balancing and walking, and general weakness) to manifest. In such cases where an injury is not and could not have been discovered immediately, some states follow something called the discovery rule. According to this rule, the statute of limitations begins to run when an injury is discovered or reasonably should have been discovered. As it relates to a denture cream lawsuit, the discovery rule might come into play when you are diagnosed with neurological damage, at which time your injury is discovered and the statute of limitations begins to run.
Because each product liability case is different, and also due to the fact that the statute of limitations and the application of the discovery rule vary from state to state, it is important that you speak with an attorney about your denture cream injury. The Rottenstein Law Group is currently evaluating claims on behalf of those who believe their neurological damage was caused by the use of Fixodent or Poligrip. You have nothing to lose by speaking to an RLG lawyer about your case. Failure to contact us promptly, on the other hand, could result in the loss of your claim and the ability to pursue a
denture cream lawsuit settlement forever.
