01. Types of Statutes
What Are Statutes of Limitations for Mesothelioma?
Mesothelioma statutes of limitations are laws that set time limits for filing a claim after a mesothelioma death or diagnosis. These deadlines vary by state and by mesothelioma claim type. There are designated timelines for personal injury claims and wrongful death claims.
- Personal Injury Statute of Limitations: Timeline for the asbestos victim to file a claim after a mesothelioma diagnosis.
- Wrongful Death Statute of Limitations: Timeline for a family member to file a claim after the death of a loved one from mesothelioma.
A mesothelioma attorney can confirm the statute of limitations for a specific case. Patients and loved ones should file a claim as soon as possible to ensure eligibility for compensation from a mesothelioma lawsuit.
The deadline to file a claim applies to the time of diagnosis or death. Statutes of limitations on mesothelioma claims do not apply to the time of exposure. The time of asbestos injury is often too difficult to identify.
Personal Injury Statutes of Limitations
Deadlines for filing a personal injury claim start when a patient receives a mesothelioma diagnosis. This could be decades after asbestos exposure, due to the long latency period of mesothelioma cancer.
In other words, mesothelioma patients may not show symptoms until 10 – 50 years after initial exposure. This lapse does not affect claim eligibility.
Individuals cannot file a claim without a medical diagnosis. If victims try to file prematurely to avoid missing a deadline, their claim may not be successful.
Wrongful Death Statutes of Limitations
The deadline for filing a wrongful death claim starts when a family member has died of mesothelioma. Family members can file after the loss of a loved one to an asbestos-related death.
To file a wrongful death claim, individuals must typically provide certain documentation. This includes evidence of asbestos exposure, proof of a related diagnosis and a death certificate.
Wrongful death claim statutes of limitations may differ from personal injury. Claimants should discuss options with an experienced mesothelioma lawyer to determine their eligibility.
Statutes of Limitations for Other Claim Types
Claimants may decide to pursue a mesothelioma lawsuit, trust fund award or Veterans Affairs (VA) claim. Deadlines for filing a claim vary by claim types. For example, trust funds often have individual timelines.
Claimants should discuss potential timeframes with a mesothelioma attorney prior to filing their claim.
02. Factors to Note
Factors Impacting Mesothelioma Statutes of Limitations
How the statute of limitations applies to individual cases is determined by:
- Claim type: Deadlines vary for personal injury, wrongful death, asbestos trust fund and VA claims.
- Timing of diagnosis or death: Mesothelioma claim deadlines are based on the date of diagnosis or death, regardless of when the victim was exposed to asbestos.
- Type or number of diagnoses: Disease severity could allow for deadline extensions. Multiple diagnoses could also provide claimants with additional time to file a claim.
- Location: The claimant’s residence, the location of their exposure and the location of the negligent company could all impact which statutes apply.
Mesothelioma attorneys will review the individual case to determine which factors apply to the claim.
Resources for Mesothelioma Patients
03. Statutes by State
Statute of Limitations for Mesothelioma by State
Each state has its own statute of limitations for asbestos claims. Below is a comprehensive list of time limits to file a mesothelioma claim in each state. Timeframes typically range between 1 – 4 years.
| 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 | 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 | 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 |
04. Where to File
Where Should I File My Mesothelioma Claim?
Individuals need to consult with a mesothelioma attorney to determine where to file a claim. This will ensure the claimant is adhering to the correct statute of limitations.
Which state a claimant files in depends on these factors:
- Current place of residence
- Previous place of residence
- Jobsite or military base where asbestos exposure occurred
- Current location of the asbestos company responsible for exposure
- Previous location of the company responsible for exposure
Claimants should seek assistance from a lawyer as soon as possible to ensure they are within the mesothelioma claim time limit.
05. Missed Deadlines
What If I Have Missed the Deadline to File a Claim?
If the statute of limitations has passed for a mesothelioma claim, there may be other options for compensation. There may also be instances in which a deadline has passed but the individual can still file.
For example, special circumstances may apply if a patient has multiple diagnoses. A patient may originally be diagnosed with a minor, asymptomatic condition related to asbestos exposure. They may then be diagnosed with lung cancer, mesothelioma or another long-latency disease years after exposure. The timeline to file a claim may then apply to their secondary diagnosis.
Because of the asbestos claims statute of limitations, individuals should file as soon as possible after receiving a diagnosis.
Claimants should always discuss their compensation options with a mesothelioma law firm. There may be other compensation options, such as financial help from insurance claims or VA claims (through the Department of Veterans Affairs).
06. The Discovery Rule
The Discovery Rule and Asbestos Claims
The discovery rule for asbestos claims initiates time limits after an asbestos-related death or diagnosis. This rule emerged from the Borel v. Fibreboard asbestos case in 1973. This case highlighted the difficulty of determining the precise time of asbestos injury.
The case noted it is unreasonable for claimants to pinpoint when they were initially exposed. This is particularly difficult for latent diseases such as asbestosis or mesothelioma that can take years to develop. Courts decided the statutes of limitations should apply to the direct results of a recognizable asbestos injury.
The discovery rule for asbestos claims helped claimants by extending the amount of time claimants are able to file a claim for compensation.
Since the discovery rule was applied to asbestos claims in 1973, it has been applied to all asbestos litigation. Mesothelioma attorneys can help victims determine how this applies to their individual case to ensure eligibility for financial help.
