Statute of Limitations
All legal and financial claims relating to a mesothelioma diagnosis are subject to a statute of limitations. A statute of limitations limits the amount of time a patient or family member has to file a lawsuit. The statute of limitations can differ from state to state and by the type of claim.
The Statute of Limitations is determined by the location of the company that was responsible for the victim’s exposure to asbestos. It is imperative for mesothelioma patients and their families to understand the statute of limitations laws set forth by their state. In order to obtain compensation, mesothelioma patients and their families must file a claim before the statute of limitations expires.
Asbestos related diseases take up to 20 plus years to develop so the courts allow asbestos-cancer patients to file a claim based on the day they were diagnosed, rather than the time their injury occurred. Family members who have lost a loved one to mesothelioma cancer are permitted to file a claim within a certain time period after the victim has passed away.
Statute of Limitation Laws
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.
Get Help Filing a Claim
The first step in filing a mesothelioma claim is to contact our Patient Advocates. They will help you review your work history to determine where and when asbestos exposure occurred. Our experts will review your medical records, Social Security records and other documents to determine if you are eligible for compensation.
We understand that filing a lawsuit can be stressful and complicated. If you or a loved one were injured while working for a company that used asbestos-containing products, you have the right to be compensated for injuries or the loss of a loved one. It is important to contact us as soon as possible before the statute of limitations expires and you lose your right to file a claim.
Speak to a Patient Advocate to find out if you qualify for compensation.
Compensation without a Lawsuit
Early on in asbestos litigation, many companies attempted to shield themselves from paying huge sums to their injured workers by filing bankruptcy. In turn, the courts forced these companies to create trust funds that would pay asbestos-injured workers set sums over a lifetime. These trust funds allow workers to collect much-deserved funds for their injuries. There is an estimated $30 billion being held in 56 trust funds for asbestos injuries.
Our experienced legal team and Patient Advocates understand that mesothelioma is more than a diagnosis. We specialize in helping injured workers and their families obtain compensation from asbestos trust funds. Applying for compensation from asbestos trusts can be a long and complicated process, but our years of experience will help you and your family get the compensation you deserve.
- Cornell Law Review. “When Does the Clock Start Ticking?: Applying the Statute of Limitations in Asbestos Property Damage Actions.” Retrieved From http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2554 &context=clr
- Washington Examiner. “Asbestos trust transparency law takes effect in West Virginia.” Retrieved from http://www.washingtonexaminer.com/asbestostrusttransparencylawtakeseffectinwestvirginia/article/feed/2176252