How to File a Lawsuit
Repeated FDA warnings and reports have shown time and time again that IVC filters can pose significant health risks in many patients. By 2007 IVC filters were implanted in patients at the rate of approximately 200,000 implantations each year. Unfortunately we are seeing the long term results of these filters. Hundreds of patients are coming forward with extensive injuries and health problems as a result of these filters. In fact, there are numerous lawsuits against the manufacturers of these devices.
If you’ve suffered an injury from an IVC filter, you might be wondering how you would go about filing a lawsuit. There are some things to consider before starting the process. Here’s a look at how to file a lawsuit and how different types of lawsuits work.
What the Statute of Limitations Means
The very first thing to consider is whether or not your claim is within your state’s statute of limitations. The statute of limitations puts a timer on personal injury cases, almost like an expiration date. The statute varies from state to state, but in most states it’s around two or three years. In New York, for example, you generally have three years from the date of injury to file a case.
Speak With an Attorney to See if You Have a Case
Next, talk with an experienced attorney. Your attorney will investigate your IVC filter and help you to determine if you have a case. He or she will examine your medical records and consult with experts to determine the type of IVC filter you have.
If your attorney believes that you were injured by a defective IVC filter, you will likely have a case. He or she will also gather the evidence you need to justify your claim, such as reports of any medical treatment you received and expenses you incurred.
Contact a Personal Injury Attorney with Experience in Defective Device Law
Martin, Harding & Mazzotti, LLP has extensive experience in defective device law and IVC Filter claims. We have the resources necessary to take on your case. Contact us today for help.