How long you have to file a Truvada lawsuit depends on many aspects of your case, including:
- What state you live in
- When you discovered your ailment
- When you last took the drug
If you qualify to file a lawsuit, it’s in your best interest to consider your legal options as soon as possible. If the statute of limitations expires on your case, you could lose the right to seek damages – even if you have a compelling lawsuit.
Factors That Determine Your Case’s Filing Period
As noted, there are three major things that will dictate how long you have to file for damages. They include:
Where You Live
Some states, like Louisiana, give you a one-year period to file an injury lawsuit. However, other states, like Maine, give you six years. This element can get complicated – especially if you took Truvada in one state but developed symptoms in another. Our lawyers can evaluate your case and explain how your state’s laws affect your situation.
When You Discovered Your Ailment
As affirmed by Drug Safety, Truvada can result in kidney damage, liver failure, and bone-thinning. Many of these conditions can take years to develop. So, for instance, if you suffered kidney damage, and you started taking Truvada in 2018, you might not have received a diagnosis until 2021.
If your state has a “discovery rule,” you could have from the date you discovered your condition to file your Truvada lawsuit. From that period, you could have anywhere from a year to a few years to take action.
When You Last Took the Drug
If your state does not have a discovery rule, the statute of limitations may depend on when you last took the drug. Determining the exact date you took the drug could be difficult, however. Our team may use your medical records and other supporting information to determine how long you have to file a lawsuit.
Who Can File a Truvada Lawsuit?
If you or a loved one took Truvada and experienced negative health effects, you could qualify to file a lawsuit. If you lost a loved one due to the drug, depending on your circumstances, you could file a wrongful death case on their behalf.
For your lawsuit to succeed, you must show:
- You or a loved one took Truvada as instructed.
- You or a loved one developed adverse health effects.
The case against Truvada is a product liability case. You don’t need to prove the drug manufacturer’s negligence. You only need to show that you developed negative side effects as a result.
You Could Seek These Awards Through a Lawsuit
Our firm can seek the following types of expenses:
Your healthcare expenses could comprise hospitalization, the cost of treatment, and necessary surgeries. We will also account for your anticipated healthcare costs in your Truvada case.
While dealing with Truvada’s aftereffects, you could miss time from work. Missing work means missing income. We can calculate the value of your lost income, wages, and bonuses and include our findings in your case’s value.
Loss of Future Earning Capacity
Living with kidney damage, liver failure, and other life-altering conditions can impede your earning ability. If you needed to change professions because of your condition, we can determine the cost of your lost earning capacity. You could recoup that loss through a civil lawsuit.
Pain and Suffering
Truvada should help people living with human immunodeficiency virus (HIV) and hepatitis B. When this drug ends up causing more harm than good, you can seek compensation for the harm to your physical and emotional health.
Wrongful-Death Related Losses
The U.S. Food & Drug Administration (FDA) notes that Truvada’s adverse effects could lead to death. If you lost a loved one, you could include the following losses in your lawsuit:
- Funeral expenses
- Cremation/burial costs
- Loss of consortium
- Loss of parental guidance and household benefits
- Loss of income
- The deceased’s medical expenses
Your ability to seek these awards will depend on your relation to the decedent.
Our Lawyers Can Build and Manage Your Truvada Lawsuit
If you or a loved one suffered harm after taking Truvada, our firm can handle your case.
- Explain your legal options
- Gather evidence to support your allegations
- Consult with healthcare professionals on your case
- Calculate the cost of your damages
- Negotiate a settlement
- Determine which legal method suits your situation
- Litigate your case
Our goal is to recover compensation for your losses. We also handle our injury cases on contingency, so you don’t pay our attorney’s fees unless we can settle your claim.
Call Ben Crump Law, PLLC for More Information
How long you have to file a Truvada lawsuit depends on many factors unique to your situation. Our lawyers can assess your case and explain whether you have grounds for legal action. We’ll handle your legal matters from there. To begin, dial (800) 961-4664.