Legal Guide

GLP-1 Lawsuit Eligibility: Statute of Limitations by State

State-by-state breakdown of filing deadlines for weight loss drug injury claims. Don't miss your window to file.

WeightLossLawsuits.com Legal Team 2024-02-01

Understanding the Statute of Limitations

The statute of limitations is the legal deadline for filing a lawsuit. If you miss this deadline, you lose your right to seek compensation — no matter how strong your case is. For weight loss drug injury claims (Ozempic, Wegovy, Mounjaro, Saxenda), the statute of limitations varies by state and depends on several factors.

How the Clock Starts

In most states, the statute of limitations clock starts on one of two dates:

  1. Date of injury: The date you were diagnosed with your injury (e.g., gastroparesis, pancreatitis)
  2. Date of discovery: The date you discovered (or should have reasonably discovered) that your injury was caused by the medication

Many states use the "discovery rule," which means the clock starts when you learned that your condition was linked to the weight loss drug — not when you first started taking the medication.

Statute of Limitations by State

The following table shows the general statute of limitations for personal injury and product liability claims in each state. However, these are general guidelines — the specific deadline for your case may vary based on the circumstances.

1-2 Year Statute of Limitations

  • Kentucky: 1 year
  • Louisiana: 1 year
  • Tennessee: 1 year
  • Alabama: 2 years
  • Alaska: 2 years
  • Arizona: 2 years
  • California: 2 years
  • Connecticut: 2 years
  • Delaware: 2 years
  • Florida: 2 years
  • Georgia: 2 years
  • Idaho: 2 years
  • Illinois: 2 years
  • Iowa: 2 years
  • Maine: 2 years
  • Massachusetts: 2 years
  • Michigan: 2 years
  • Minnesota: 2 years
  • Mississippi: 2 years
  • Nebraska: 2 years
  • Nevada: 2 years
  • New Jersey: 2 years
  • New Mexico: 2 years
  • New York: 2 years
  • North Carolina: 2 years
  • Ohio: 2 years
  • Oklahoma: 2 years
  • Oregon: 2 years
  • Pennsylvania: 2 years
  • Rhode Island: 2 years
  • South Carolina: 2 years
  • South Dakota: 2 years
  • Texas: 2 years
  • Vermont: 2 years
  • Virginia: 2 years
  • Washington: 2 years
  • Wisconsin: 2 years

3+ Year Statute of Limitations

  • Arkansas: 3 years
  • Colorado: 3 years
  • Hawaii: 2 years (personal injury) / 2 years (product liability)
  • Indiana: 2 years (personal injury) / 2 years (product liability)
  • Kansas: 2 years
  • Maryland: 3 years
  • Missouri: 5 years
  • Montana: 3 years
  • New Hampshire: 3 years
  • North Dakota: 6 years
  • Utah: 4 years
  • West Virginia: 2 years
  • Wyoming: 4 years

Why You Shouldn't Wait

Even if your state has a longer statute of limitations, you should not delay filing your claim:

  1. Evidence preservation: Medical records, pharmacy records, and other evidence can be lost or destroyed over time.
  2. Witness availability: Witnesses and expert witnesses may become unavailable.
  3. MDL deadlines: If your case is part of multi-district litigation, there may be specific filing deadlines.
  4. Stronger negotiation position: Filing earlier can lead to faster resolution and potentially better settlement terms.

Special Considerations

Minors

If the injured person was under 18 when the injury occurred, the statute of limitations may be extended ("tolled") until they reach adulthood.

Discovery Rule

Some states apply the discovery rule, which extends the filing deadline if you did not know (and could not have reasonably known) that your injury was caused by the medication.

Wrongful Death

If a loved one died from injuries related to a weight loss drug, the statute of limitations for wrongful death claims is often shorter than for personal injury claims — sometimes as little as 1 year.

Get Help Before It's Too Late

Don't risk losing your right to compensation. If you or a loved one was injured by a weight loss drug, contact us for a free case review. We'll evaluate your case, determine your filing deadline, and connect you with an experienced attorney who can protect your rights.

Remember: This information is for general guidance only. The specific statute of limitations for your case depends on your individual circumstances and state law. Only an attorney can give you definitive advice about your filing deadline.

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