Mesothelioma Statute of Limitations

It 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.