Mesothelioma Statute of Limitations
Every state and all asbestos trust funds restrict the amount of time mesothelioma and asbestos-cancer victims have to file claims against negligent asbestos manufacturers.
Statutes of limitations vary by state and trust, with the average timeframe being between 2 and 3 years.
See if You Qualify for CompensationIt is very important for mesothelioma victims to file their claim as soon as possible after receiving a diagnosis to ensure they receive compensation for their suffering.
If you miss the deadline, you miss the opportunity to recoup funds from at-fault companies.
Most states limit the time to file a mesothelioma or asbestos cancer lawsuit to between one and three years. Asbestos bankruptcy trusts typically have a statute of limitations of three years on claims. Because of this, it is important to act quickly after a mesothelioma diagnosis.
Mesothelioma and other asbestos-related diseases take decades to appear. This long latency period complicates the asbestos lawsuit process and statutes of limitations. An experienced attorney can guide you through the process of filing a lawsuit and help you avoid losing your right to compensation.
Determining Factors
When considering the amount of time a person has to file a claim, the courts consider several elements:
Location
The laws for determining a statute of limitations can vary from state to state.
The state where the victim lives, the state where the victim was exposed to asbestos, and the state where the company operates (if the victim was subject to occupational asbestos exposure) can all play a role in determining the statute of limitations for victims.
Status of The Patient
The situation may change depending on the medical status of the patient. If the victim has passed away, family members may have to abide by different statute of limitations.
Date of Diagnosis
Mesothelioma patients are typically given leeway for filing a claim, beginning at the date of diagnosis instead of the date of injury used in other personal injury cases.
Types of Asbestos Claims
In filing an asbestos lawsuit, plaintiffs must decide if they will file a personal injury claim (filed by the victim) or a wrongful death claim (filed by the surviving family members).
Personal Injury Claims
The countdown to filing an asbestos personal injury claim begins immediately after a diagnosis. The deadline can be up to six years following a diagnosis.
However, states that include California and Tennessee limit the time to file an asbestos lawsuit to one year following a diagnosis. It is important for mesothelioma victims to only proceed with filing a claim after they have received a diagnosis from their doctor.
While prematurely filing can seem proactive in order to avoid missing the deadline determined by the statute of limitations, doing so can lead to unsuccessful filings.
Wrongful Death Claims
The countdown to filing a wrongful death lawsuit begins when the mesothelioma patient dies. Most states have similar statutory limits as they do for personal injury claims. However, states that include New York and Florida have shorter time frames to file wrongful death claims than personal injury claims.
Other states, such as California, do not award damages for the patient’s pain and suffering in wrongful death claims. Family members filing a wrongful death claim should be prepared to provide specific documentation proving their case.
This documentation typically includes evidence of asbestos exposure, proof of diagnosis of an asbestos-related disease, and documentation of death (like a death certificate).
It is important to understand that statutes of limitations do not solely apply to victims filing individual lawsuits. Class-action lawsuits and trust fund claims are also subject to statutes of limitation on a state-by-state basis.
Statutes of Limitations By State
Since each state had different rules as they apply to statutes of limitations, personal injury lawsuits, and wrongful death lawsuits, it is important for mesothelioma patients and their families to act quickly.
The following is a chart of the various deadlines established by each state. To learn more information about filing a mesothelioma lawsuit and how your specific circumstances are subject to statutes of limitation, contact our experts today.
| 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 | 2 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 after Death |
| Michigan | 3 Years from Diagnosis | 3 Years after Death |
| Minnesota | 4 Years from Diagnosis | 3 Years after 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 |
| 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 |
| States Averages | 2-3 Years from Diagnosis | 2-3 Years from Death |
Getting Compensated
Due to the complicated nature of the statute of limitations, it is very important to contact a mesothelioma lawyer in order to fully understand your situation.
Even if you believe that you have missed your deadline to file, you should verify this with an attorney and seek help in deciding your options for compensation in the future.
In special circumstances exceptions can be made to best accomodate the victim or their family. For example, the deadline has been extended in cases where the victim was diagnosed with multiple asbestos-related health conditions.
Additionally, the Ohio Supreme Court allowed for an exception of the statute of limitations due to the complications caused by the COVID-19 pandemic.
Finally, there are multiple forms of financial assistance available to mesothelioma victims, even those who have missed the deadline to file a claim.
Mesothelioma lawyers can help victims receive compensation in the form of health insurance claims, disability insurance claims, and even VA benefit claims.
Sources
- Washington Examiner. “Asbestos trust transparency law takes effect in West Virginia.” Retrieved from http://www.washingtonexaminer.com/asbestostrusttransparencylawtakeseffectinwestvirginia/article/feed/2176252