# Statute of repose vs. statute of limitations in drug cases

> The difference between these two legal deadlines and why both matter for product liability claims.

**Canonical URL:** https://drugsmonitor.com/guides/statute-of-repose-vs-statute-of-limitations
**Last updated:** 2026-06-11

A statute of limitations sets the time period within which a lawsuit must be filed after the injury is discovered or should have been discovered. A statute of repose sets an absolute deadline based on the date the product was first sold or used, regardless of when injury appears.

Statutes of repose are particularly important in drug and device cases where injuries may take years or decades to manifest. If the repose period has expired, the claim may be barred even if the injury was just discovered.

This is why it is crucial to consult an attorney as soon as you suspect you may have a claim, even if you are still undergoing treatment. Some states have shorter repose periods than others, and delays can be fatal to your case.

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*Educational guide from DrugsMonitor.com. Not legal advice.*