When Should I Bring My Xarelto Lawsuit?
If you suffer personal injuries after using Xarelto and bring an action to recover damages, then you will have two years from the date of your injury to file it. See 735 ILCS 5/13-205 (2010):
“Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued…”
However, this clock does not start ticking until you discover you were injured or reasonably should have discovered that you were injured. See 735 Ill. Comp. Stat. 5/13-213(d) (2010).
“The plaintiff may bring an action within 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury…”
Finally, under no conditions can you bring a Xarelto lawsuit 12 years from when it was first sold or 10 years from when you first obtained it. See See 735 Ill. Comp. Stat. 5/13-213(b) (2010).
“no product liability action based on any theory or doctrine shall be commenced except within the applicable limitations period and, in any event, within 12 years from the date of first sale, lease or delivery of possession by a seller or 10 years from the date of first sale…”
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