Philips CPAP lawsuits follow the same statute of limitations as other injury cases in Florida. Under Florida Statutes § 95.11, you generally must file your suit within four years from the date you discovered the injury within reason. However, the time limit differs when suing for a loved one who passed away from a defective CPAP device. You typically must file this lawsuit within two years, as is the requirement for wrongful death actions.
Knowing what the statute of limitations is for Philips CPAP lawsuits is vital to filing it within the deadline. However, there are other factors to consider that affect how much time you have left for taking legal action against Philips and any other parties involved.
Can the State Toll the Statute of Limitations in my Philips CPAP Lawsuit?
Depending on the circumstances surrounding your lawsuit, Florida’s statute of limitations could toll or pause the countdown. One such instance is when you are suing on behalf of a minor as a parent or legal guardian. Then, according to Florida Statute § 95.051, you would have up to seven years from the injury’s discovery date to file the case.
The statute timer could also stop counting if you are currently incapable, within reason, of suing for the child. It could also toll if you are suing for yourself but were also incapacitated before the CPAP-related injury happened. You would still have up to seven years to file the Philips CPAP lawsuit under these instances.
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What Is Florida’s Statute of Repose, and How Would It Affect My CPAP Case?
The statute of repose is a rule like the statute of limitations. It also bars you from filing a lawsuit after a certain amount of time passes. However, this statute would start running even before you get injured or discover the complications caused by the product. As such, the deadlines specified in the statute of limitations would typically still fall within the time limits imposed in the statute of repose.
In product liability cases like your Philips CPAP lawsuit, the statute of repose begins its countdown when the CPAP machine is sold to you. As per Florida Statute § 95.031, you would have up to 12 years from the date you bought the CPAP to take legal action against Philips.
An Example of How the Statute of Repose Works
To illustrate, let us say that you bought the CPAP machine in 2019 but discovered your health complications in 2021. As mentioned earlier, Florida’s statute of limitations would likely give you four years to file.
If any tolling exceptions apply to you, the statute of repose gives you a maximum of ten years before you are completely barred from taking legal action.
However, if you bought the CPAP in 2011, the statute of repose would overrule the statute of limitations. You would then only have two years left to file your lawsuit.
What Happens If I Fail to File My Philips CPAP Lawsuit on Time?
Failure to comply with your case’s statute of limitations means that the civil court would reject your submission. You would no longer be able to file any action to get compensated for your CPAP-related losses. While you have several years to work on your Philips CPAP lawsuit, it would be best for you to get started as early as possible.
Working on the case early on gives you some time to spare if you have other responsibilities to deal with – such as taking care of your medical complications. Doing it at the last minute would give you a more constrained timetable. To help ensure that you file the CPAP lawsuit on time, you could have one of our defective products attorneys assist you.
In addition, we could reduce the work you would have to do on your own and speed up the legal process by helping with tasks such as:
- Investigating the situation and gathering evidence of the CPAP’s defects and how they caused your injuries
- Compiling records of injury-related expenses to estimate your total recoverable damages
- Checking for tolling exceptions that apply to your case to determine your exact time limit
- Protecting your rights in court
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We Can Help You Comply with Filing Requirements
Understanding the statute of limitations for Philips CPAP lawsuits is only one of the several details to be aware of before bringing a claim against the corporation. While appearing in court against a well-known brand can be intimidating, rest assured that Chalik & Chalik Injury Lawyers is here to address your legal concerns.
Our team of injury and accident lawyers has decades of experience, having worked with clients throughout Florida for over 65 years. We handle various practice areas, including defective drugs and products, medical malpractice, and auto accidents. To learn more about our legal services, you can call us at (855) 529-0269 or contact us online.
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Philips CPAP FAQ:
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