Mesothelioma Statute of Limitations

Early, Lucarelli, Sweeney & Meisenkothen

Statute of Limitations

It is very easy to lose your rights completely. Each state has its own deadlines, called statutes of limitations, which allow victims of asbestos cancer to file lawsuits. This means that there are strict deadlines for filing claims or lawsuits after becoming aware that you have an asbestos disease or after a loved one dies as the result of an asbestos disease.

New York requires an individual to file a claim within three years of initial diagnosis, while New Jersey and Pennsylvania have a two-year limit. All three of those states require family members to file wrongful death claims within two years of the death of a loved one.

Your rights vary depending on many factors such as your residence, where you were exposed to asbestos, and the residence of the responsible asbestos companies. Each state naturally has its own laws which allow different remedies.

Some state courts have special provisions for "immediate" trials for individuals with mesothelioma, lung cancer, or severe asbestosis. In New York City, for example, the Honorable Helen Freedman has an asbestos case management order that sets aside the months of May and November to allow for "immediate" trials for those whose cases are most urgent (i.e. terminally ill victims).

Statute of Limitations and Wrongful Death Statutes by State

State Statute Of Limitations Wrongful Death Statute
Alabama 2 Years from Diagnosis 2 Years from Death
Alaska 2 Years from Diagnosis 2 Years from Death
Arizona 2 Years from Diagnosis 2 Years from Death
Arkansas 3 Years from Diagnosis 3 Years from Death
California 1 Year from Diagnosis 1 Year from Death
Colorado 2 Years from Diagnosis 2 Years from Death
Connecticut 3 Years from Diagnosis 3 Years from Death
Delaware 2 Years from Diagnosis 2 Years from Death
Florida 4 Years from Diagnosis 2 Years from Death
Georgia 2 Years from Diagnosis 2 Years from Death
Hawaii 2 Years from Diagnosis 2 Years from Death
Idaho 2 Years from Diagnosis 2 Years from Death
Illinois 2 Years from Diagnosis 2 Years from Death
Indiana 2 Years from Diagnosis 2 Years from Death
Iowa 2 Years from Diagnosis 2 Years from Death
Kansas 2 Years from Diagnosis 2 Years from Death
Kentucky 1 Year from Diagnosis 1 Year from Death
Louisiana 1 Year from Diagnosis 1 Year from Death
Maine 6 Years from Diagnosis 2 Years from Death
Maryland 3 Years from Diagnosis 3 Years from Death
Massachusetts 3 Years from Diagnosis 3 Years from Death
Michigan 3 Years from Diagnosis 3 Years from Death
Minnesota 4 Years from Diagnosis 3 Years from Death
Mississippi 3 Years from Diagnosis 3 Years from Death
Missouri 5 Years from Diagnosis 3 Years from Death
Montana 3 Years from Diagnosis 3 Years from Death
Nebraska 4 Years from Diagnosis 2 Years from Death
Nevada 2 Years from Diagnosis 2 Years from Death
New Hampshire 3 Years from Diagnosis 3 Years from Death
New Jersey 2 Years from Diagnosis 2 Years from Death
New Mexico 3 Years from Diagnosis 3 Years from Death
New York 3 Years from Diagnosis 2 Years from Death
North Carolina 3 Years from Diagnosis 2 Years from Death
North Dakota 6 Years from Diagnosis 2 Years from Death
Ohio 2 Years from Diagnosis 2 Years from Death
Oklahoma 2 Years from Diagnosis 2 Years from Death
Oregon 3 Years from Diagnosis 3 Years from Death
Pennsylvania 2 Years from Diagnosis 2 Years from Death
Rhode Island 3 Years from Diagnosis 3 Years from Death
South Carolina 3 Years from Diagnosis 3 Years from Death
South Dakota 3 Years from Diagnosis 3 Years from Death
Tennessee 1 Year from Diagnosis 1 Year from Death
Texas 2 Years from Diagnosis 2 Years from Death
Utah 3 Years from Diagnosis 2 Years from Death
Vermont 3 Years from Diagnosis 2 Years from Death
Virginia 2 Years from Diagnosis 2 Years from Death
Washington 3 Years from Diagnosis 3 Years from Death
Washington, D.C. 3 Years from Diagnosis 1 Year from Death
West Virginia 2 Years from Diagnosis 2 Years from Death
Wisconsin 3 Years from Diagnosis 3 Years from Death
Wyoming 4 Years from Diagnosis 2 Years from Death

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