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Montana Propecia Lawsuit
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For a Montana Propecia Lawsuit, Montana law establishes a limited amount of time for when a claim can be filed. This period of time is called a "statute of limitations." Because Montana law creates a deadline for filing a claim, a man who believes he may be suffering from
Propecia side effects such as permanent erectile dysfunction, impotence, or loss of libido, should consult with an attorney as soon as possible.
Learn More About Propecia and its Risks
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Statute of Limitations for Propecia Lawsuits in MontanaA Montana
Propecia lawsuit is brought as a product liability claim because Propecia's manufacturer provided an inadequate warning of the risk of permanent erectile dysfunction and other side effects. Most Montana product liability lawsuits include causes of action for strict liability, negligence, and breach of warranty.
The statute of limitations for personal injury claims in Montana is three years. A Propecia side effect is a personal injury, therefore this three-year statute applies to a Montana Propecia claim. Montana law also recognizes the discovery doctrine, which means that the statute of limitations does not begin to run until a man has discovered the facts constituting his claim. How this doctrine applies to an individual case can be a complicated legal issue, so Montana men who suspect they have developed erectile dysfunction (ED) or other side effect from Propecia should not delay in consulting with an attorney regarding a potential claim.
Learn More About Propecia Lawsuits
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PLEASE NOTE: Exactly when the statute of limitations is triggered for a man's Propecia claim under Montana law will depend on the specific facts his case, including the medical records documenting his injuries.
If you or a loved one suffers from permanent erectile dysfunction (ED) or other
Propecia side effects, contact the
Propecia lawyers at DeCarli Law for a free, no-obligation telephone consultation. You may reach us by telephone, or by using the "Contact Us" form on the left side of the page. All inquiries will be completely confidential.
Learn More About Propecia Side Effects
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Relevant Montana Statutes:
Montana Code Annotated 2009
Title 27. Civil Liability, Remedies, and Limitations
Chapter 2. Statutes of Limitations
Part 1. General Provisions
27-2-102. When action commenced. (1) For the purposes of statutes relating to the time within which an action must be commenced:
(a) a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim or cause is complete, and a court or other agency is authorized to accept jurisdiction of the action;
(b) an action is commenced when the complaint is filed.
(2) Unless otherwise provided by statute, the period of limitation begins when the claim or cause of action accrues. Lack of knowledge of the claim or cause of action, or of its accrual, by the party to whom it has accrued does not postpone the beginning of the period of limitation.
(3) The period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the injured party if:
(a) the facts constituting the claim are by their nature concealed or self-concealing; or
(b) before, during, or after the act causing the injury, the defendant has taken action which prevents the injured party from discovering the injury or its cause.
(4) Subsection (3) does not apply to actions involving the limitations contained in 27-2-205.
Part 2. Time Limits on Specific Kinds of Actions
27-2-204. Tort actions -- general and personal injury. (1) Except as provided in 27-2-216 [childhood sexual abuse] and 27-2-217 [ritual abuse of minor], the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.
(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.
(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years. |
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Posted By DeCarli Law on
June 11, 2011 01:05 pm |
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