Every day, more research has proven that Talcum powder may be dangerous to human health and more manufacturing companies are being sued for it. Talcum powder has been found to contain asbestos, a mineral just like talcum, but hazardous. Talcum powder, produced by many companies such as Johnson & Johnson, contains traces of asbestos, causing ovarian cancer or mesothelioma. Skilled class action lawyers tend to keep an eye on these findings.
Companies like Johnson & Johnson denied that their talcum powders had such adverse effects. They claimed that their product was healthy because it was all-natural. However, available evidence suggests otherwise. This evidence points to the fact that the company knew about this product deficiency and continued sales.
Johnson & Johnson recently withdrew their powder from American and Canadian markets. However, they still did not admit that their powders have caused ovarian cancer or mesothelioma. They instead blamed the withdrawal on low customer patronage.
Victims of talc-related illnesses such as ovarian cancer can institute a civil suit against the talcum powder manufacturer, which harmed them. However, an important issue and one whose relevance may not be readily known to a non-lawyer is the statute of limitations affecting the filing of these claims.
Is There a Statute of Limitations for Talc-Powder Related Lawsuits?
While you have a legitimate right to bring a lawsuit against the talcum powder manufacturer that caused you ovarian cancer or mesothelioma, this right does not remain valid forever. Civil suits usually have a time frame within which you must initiate them. The statute of limitations usually defines this time frame.
As is typical with the American legal system, this time limit varies across the different states. It is determined by the Limitation Law of the state where you file your claim. The Statute of Limitations usually runs from two years and above, depending on the state. You require an attorney’s guidance to determine the applicable time limit of the state where you are filing your claim. However, the majority of states, including California, have a two-year limitation.
The kind of damage suffered is also determinative of the time limitation, and there are two major classes of damage in this area. They are:
- Wrongful death, and
- Personal injury claims
Statute of Limitations for Wrongful Death Suits
A wrongful death suit can be filed by the personal representatives of a deceased who died from ovarian cancer or mesothelioma caused by asbestos-contaminated talcum powder. The personal relatives are usually the family members of the deceased, including the spouse, parents, or children. The time limitation for wrongful death suits starts counting from the death date of the deceased. If you file a wrongful death suit from San Diego, California, the statute of limitations starts counting from the day when the individual died from the talc-powder-induced ovarian cancer or mesothelioma.
Statute of Limitations for Personal Injury Suits
A plaintiff can file personal injury claims where ovarian cancer or mesothelioma hasn’t yet resulted in death. Where death has not occurred, the time limitation will start counting from the date the plaintiff knew or ought to have known that they had been “injured.” This date could be the date of their cancer diagnosis or the date they discovered that it was talcum powder that caused cancer. It could also be the date when the manufacturer announced/admitted the product’s deficiency.
Statutes of Repose
A statute of repose sets a definite time, irrespective of all circumstances when plaintiffs must bring all claims or forfeit them. Some consumer-friendly states such as California do not specify any repose date. However, some other states like Florida have a repose period of 12 years from the purchase of the harmful product.
Regarding the state where you should file your case, you may file talc-powder-caused ovarian cancer or mesothelioma claims in:
- The state where the plaintiff resides, or
- The state where the plaintiff was exposed to the talcum powder, which caused them harm.
Don’t File a Talc-Powder Lawsuit Without Legal Backing! Let Experienced Lawyers Help You
Handling a talc-powder case without legal aid can ruin your chances of getting adequate compensation. An experienced attorney is in a better position to understand the necessary steps to take as you file your claim. The statute of limitations is crucial to talc-based claims because they can make or mar your case even before you start. Therefore, it will be wise to get the help of an attorney on time so that he can evaluate and present your case better. You can contact us at Dalimonte Rueb Stoller LLP, where our attorneys work to get justice for victims of asbestos-caused ovarian cancer and mesothelioma.