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. These statutes of limitations vary by state and trust. 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. 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:
- Exposure Location – The state where the company responsible for exposure is located determines the amount of time claimants have to proceed with legal action. The laws for determining a statute of limitations can vary from state to state.
- 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.
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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 claim – 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.
- Wrongful death claim – 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.
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, 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 | 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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- Washington Examiner. “Asbestos trust transparency law takes effect in West Virginia.” Retrieved from http://www.washingtonexaminer.com/asbestostrusttransparencylawtakeseffectinwestvirginia/article/feed/2176252