Mesothelioma Statutes of Limitations
A mesothelioma statute of limitations is a law that sets the time a patient or family member has to file a lawsuit. Each state has its own deadlines for filing personal injury and wrongful death lawsuits. The amount of time to file ranges from one to six years after a mesothelioma diagnosis or death.
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What Are Statutes of Limitations for Mesothelioma?
A mesothelioma statute of limitations is a law that sets a deadline to file a lawsuit after diagnosis or death. Each state has its own statutes, with times to file ranging from one to six years. Some states set different time limits for personal injury lawsuits and wrongful death lawsuits.
- Personal injury statutes of limitations: This type of law sets a timeline for a patient to file a lawsuit after diagnosis with an asbestos-related disease.
- Wrongful death statutes of limitations: This type of law sets a timeline for family members to file a lawsuit after the death of a loved one from an asbestos disease.
A mesothelioma attorney can explain the statutes of limitations that apply to an individual’s asbestos case. Speaking to a lawyer as soon as possible after a diagnosis or death can help secure financial compensation faster.
The statute of limitations in a mesothelioma case is the maximum amount of time that can pass between a confirmed diagnosis or death and the filing of a mesothelioma personal injury or wrongful death lawsuit. The statute of limitations varies from state-to-state but is not solely dependent on where the mesothelioma victim lives or last lived. A mesothelioma attorney is best equipped to determine which state’s statutes of limitations apply to each case.
Jennifer Lucarelli
Personal Injury Statutes of Limitations
A personal injury statute of limitations sets a deadline for filing a lawsuit after a mesothelioma diagnosis. Talking to an attorney as soon as possible after a mesothelioma diagnosis can help avoid any filing deadlines.
A person may receive a mesothelioma diagnosis decades after asbestos exposure occurred because of the disease’s long latency period. But when a person’s exposure occurs does not affect their ability to file. What does affect their ability to file is when they are diagnosed with an asbestos disease. It is at this point that the clock begins running on the deadline created by a state’s personal injury statute of limitations.
Many people experience asbestos exposure without ever developing mesothelioma or other asbestos diseases. People who have not received an asbestos-disease diagnosis cannot file a personal injury lawsuit.
A person can talk to a lawyer after receiving an asbestos disease diagnosis from a medical professional. Waiting too long to consult an asbestos attorney can limit options for compensation. Compensation from these lawsuits can help cover expenses like treatment costs, travel expenses, lost wages and lost earning potential.
A mesothelioma lawyer can explain how the relevant statutes of limitations affect a patient’s case.
Wrongful Death Statutes of Limitations
A wrongful death statute of limitations sets a deadline for filing a lawsuit after the death of a mesothelioma patient. Family members whose loved ones die from mesothelioma may file this type of lawsuit.
Family members can talk to a lawyer after the death of an asbestos disease patient. Wrongful death lawsuits can help family members get much-needed compensation to cover expenses like end-of-life costs, lost household income and outstanding medical bills. They can also hold companies responsible for exposing loved ones to asbestos.
An experienced mesothelioma lawyer can help gather documents needed to file a wrongful death lawsuit. For example, a lawyer can help get a patient’s death certificate and medical records to build a family’s case. A lawyer can also file a wrongful death lawsuit on behalf of family members and litigate their case.
Wrongful death statutes of limitations may be different from those for personal injury cases. This makes it important to consult an attorney who can explain available legal options. Waiting to consult an attorney can limit possible compensation.
Time Limits for Other Asbestos Claim Types
Other legal actions available to asbestos victims may have their own deadlines. These mesothelioma claims have their own filing time periods. Eligible asbestos victims may file asbestos trust fund claims or veterans benefits claims.
These legal actions may provide people with compensation in addition to any received from a lawsuit. A mesothelioma lawyer can help asbestos victims explore their options and file claims on their behalf. An experienced lawyer can also explain the applicable time limits for filing asbestos claims.
Did You Know?
The statutes of limitations in the state you now live may not be applicable to your case.
An experienced mesothelioma attorney can determine the best state in which to file your case and what the deadline to file will be.
Factors Impacting Mesothelioma Statutes of Limitations
Different factors affect which statutes of limitations apply to a mesothelioma lawsuit. A lawyer experienced in asbestos law will understand how these statutes affect an individual’s case. The statutes of limitations that govern a unique asbestos case may be affected by:
- Asbestos victims’ places of residence: An asbestos victim’s current or past residences may affect which states’ statutes apply to their case.
- Company and jobsite locations: The location of an asbestos company or the jobsites where exposure occurred can affect which states’ statutes govern a case.
- Lawsuit or claim type: A state may have different filing deadlines for personal injury and wrongful death lawsuits. Time limits to begin mesothelioma claims also vary. For example, individual asbestos trusts have their own filing deadlines.
An asbestos attorney can determine how different factors affect the time limit for filing a mesothelioma case. There may be several options for where to file based on company, jobsite and residence locations. In these cases, a lawyer can decide which filing location is the best option to seek the highest amount of compensation.
Statutes of Limitations for Mesothelioma by State
Each state sets its own deadlines for filing asbestos lawsuits. The same state’s statutes of limitations for personal injury and wrongful death lawsuits may set different deadlines. The time frames for filing generally range from one to four years. Some states allow up to six years to file.
| State | Personal Injury | Wrongful Death |
|---|---|---|
| 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 | 2 years from diagnosis | 1 year from death |
| Maine | 6 years from diagnosis | 3 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 | 2 years 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 |
Asbestos victims may have options for which state to file in. Factors such as asbestos company and jobsite locations may offer several filing location options.
Lawyers at experienced mesothelioma law firms can determine where a case may be filed. They can also advise which state to file in to seek the highest possible mesothelioma compensation. Talking to a lawyer soon after a diagnosis or death helps prevent missing out on filing in the best state for an asbestos case.
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Where Should I File My Mesothelioma Claim?
The best way to find out where to file a lawsuit is by talking to an asbestos lawyer. A lawyer can determine filing location options and choose the best one for seeking the highest amount of compensation. Consulting with a lawyer soon after a diagnosis or death can prevent missing any deadlines that would limit filing options.
The states where an asbestos victim may file a lawsuit may depend on several factors, including:
- Current place of residence
- Former places of residence
- Jobsite or military base where asbestos exposure occurred
- Location of the asbestos company responsible for exposure
The statutes of limitations in the relevant states may also affect filing options. Some states allow more time than others to file asbestos lawsuits.
A mesothelioma lawyer can determine the best location to file a case. A lawyer can also explore options for additional compensation, like asbestos trust fund claims.
What if I Have Missed the Deadline to File an Asbestos Lawsuit?
Asbestos victims may still have filing options if they miss a statute of limitations deadline. For example, there may be other lawsuit filing location options where the time limits have not passed. There may also be other options for compensation still available, like asbestos trust fund claims. Asbestos victims can work with an attorney to determine all their filing options.
Mesothelioma patients and their loved ones can avoid missing deadlines by talking to a lawyer soon after a diagnosis or death. Top mesothelioma law firms offer free case evaluations to potential clients. Asbestos victims can use these free consultations to determine if they have a viable case.
Have a Question About Statutes of Limitations? Ask experienced mesothelioma advocate Jennifer Lucarelli Ask a QuestionCommon Questions About Mesothelioma Statutes of Limitations
What does statute of limitations mean?
What is the time limit on mesothelioma claims?
Are there compensation options if your statutes of limitations expire?
Are the statutes of limitations the same for all asbestos cancers?
Do asbestos trust funds have different time limits?
Do VA claims have different time limits?
Sources
NYCourts.gov. New York City Civil Court: Starting a Case. Updated January 2022.
Rothstein PF. What Courts Can Do in the Face of the Never-Ending Asbestos Crisis. Mississippi Law Journal. 2001;71:1-34.
U.S. Court of Appeals for the Fifth Circuit. Borel v. Fibreboard Paper Products Corporation. September 1973.
U.S. Department of Veterans Affairs. Types of VA disability claims and when to file. Updated October 2022.
Legal Rights for Mesothelioma Victims
Kyle Navin is a Legal Advisor for Mesothelioma.com. His legal practice focuses on asbestos bankruptcy claims and helping veterans access disability benefits.
