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When can a product liabilty lawsuit be filed?

All states have timelines on when a lawsuit can be filed against someone for injuries related to product liability. The timelines are based on when an injury is discovered or when it occurred. New Jersey is one of the states that bases the timeline for filing on when the injury occurred.

According to New Jersey law, a lawsuit must be filed in a product liability case within two years of the injury occurring. While that might sound like plenty of time for an attorney to put together an initial filing, there are cases where a person doesn't realize an injury occurred or was related to a product issue until much later. For example, if a product is believed to cause an illness -- such as cancer -- it could be years before someone realizes it.

To mitigate the problems associated with filing too late, individuals who believe they were injured by a defective product should speak to a legal professional as soon as possible to understand options. While the statute of limitation on a products liability case is two years, there might be other types of legal remedies that can be sought.

When filing a lawsuit regarding product liability, documentation is very important. The defendants will likely try to prove that issues were not caused by the product or that the injury is outside of the statute of limitation. Documentation can help plaintiffs prove that these things are not true.

By understanding all legal options and requirements when filing a product liability lawsuit, you increase your chances at success. One of the best ways to do so is to work with a professional who has experience and knowledge of the law, the courts and appropriate procedures.

Source: FindLaw, "Time Limits for Filing Product Liability Cases: State-by-State," accessed Aug. 07, 2015

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Gary D. Ginsberg is a Certified Civil Trial Lawyer who has been recognized as an expert in litigating cases in the courts of New Jersey.

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