Mesothelioma Statute of Limitations
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A statute of limitations is a law that sets a maximum time limit for initiating legal action. The mesothelioma statute of limitations includes lawsuits over personal injury and wrongful death. Rely on an experienced mesothelioma lawyer to ensure you don’t miss the opportunity to make a case for justice and compensation after harmful asbestos exposure.
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What Is the Mesothelioma Statute of Limitations?
Every state sets a statute of limitations on lawsuits. For asbestos and mesothelioma, the statute of limitations limits the time an individual has to start a lawsuit after diagnosis. There are two types of mesothelioma cases affected by this law:
- Personal Injury Lawsuits. If you plan to file a personal injury lawsuit for your asbestos illness, the statute of limitations usually begins at the time of your diagnosis. It does not begin at the time of asbestos exposure because it takes decades for the illness to develop.
- Wrongful Death Lawsuits. If your loved one died from mesothelioma, you can file a wrongful death lawsuit. The statute of limitations applies from the day the person dies.
The time limit for filing depends on the type of case and the state where the suit is being filed. The time limit ranges from one to six years, depending on the state.
Victims and families must understand the statute in their state before filing. If you are unaware of the laws, you may miss your opportunity for justice.
Is There a Time Limit for Filing an Asbestos Trust Fund Claim?
The asbestos trusts are funds set up by asbestos companies that filed for bankruptcy. As part of the process, they were required to fund these trusts to compensate future claimants.
You might qualify for one or more trusts depending on the companies negligent in your asbestos exposure. The statute of limitations for lawsuits does not necessarily apply to these claims. Each trust sets its own time limit for claimants. Talk to your asbestos attorney about trust fund claims right away.
The Discovery Rule
While asbestos and mesothelioma cases are considered personal injury or wrongful death cases, there may be special considerations. These considerations can impact how the statute of limitations is applied.
When Does the Statute of Limitations Begin?
For most types of personal injury, the incident is obvious and immediately known. For example, if you slip and fall in a store, the time of the incident is clear. The statute of limitations starts running immediately.
Asbestos cases are more complicated. Some people don’t know exactly when they were exposed to asbestos; for instance, prolonged exposure rather than one single incident could have led to an asbestos-related disease.
Furthermore, it can take decades after exposure to develop symptoms and receive a proper diagnosis. This means the statute of limitations may have passed before the diagnosis was even made.
Precedent for the Discovery Rule
A 1973 case, Borel v. Fibreboard Paper Products Corporation, challenged the application of the statute of limitations. Clarence Borel suffered asbestos exposure for over three decades while working with insulation on the job. Borel was diagnosed with asbestosis more than thirty years after the initial incident of personal injury.[1]
Borel sued Fibreboard, and a U.S. Court of Appeals agreed he could make his case despite being well beyond the Texas statute of limitations.
The court decided that for cases of exposure to harmful substances like asbestos, the statute of limitations should begin when the victim experiences the effects of exposure, not at the tie of the exposure itself. [1]
In other words, the clock would not begin running until the illness was discovered. This became known as the discovery rule.[2]
Thanks to this case, for many asbestos victims the clock on the statute of limitations doesn’t begin until they receive a diagnosis. Previously, they would have had to start the clock at the first exposure to asbestos.
Which State’s Statute Should I Follow?
Having a good asbestos lawyer on your side makes this question easier. It may not be as simple as filing your lawsuit where you live and previously worked.
Considerations when filing include your current residence, past residence, employment location when exposed to asbestos, and where the company responsible is located.
Talk to an experienced mesothelioma lawyer as soon as you receive a diagnosis. They can advise you on where, when, and how to file.
What if My Statute of Limitations Has Expired?
A lawyer is the best person to help you determine if your statute of limitations has expired. It if has, they can recommend other avenues for getting compensation.
For instance, you could qualify for an extension or an exception to the time limit. You could be eligible to file in another state where the time limit has not run out yet.
You could also be eligible for other sources of compensation: veterans benefits, workers’ compensation, asbestos trust fund claims, or disability insurance benefits.
Ask your lawyer about inactive dockets. Some states have these dockets that allow you to file your lawsuit even if you have not developed an illness. It remains inactive until your disease progresses and you have a diagnosis. This helps ensure you don’t miss the window of opportunity for an asbestos lawsuit.
Statute of Limitations for Personal Injury Asbestos Cases by State
Thanks to the discovery rule, the statute of limitations in each state begins when the illness was or should reasonably have been discovered.
The periods listed here are not from the first exposure but from the official diagnosis of mesothelioma or another related illness.
- Alabama – 2 years
- Alaska – 2 years
- Arizona – 2 years
- Arkansas – 3 years
- California – 1 year
- Colorado – 2 years
- Connecticut – 3 years
- Delaware – 2 years
- Florida – 4 years
- Georgia – 2 years
- Hawaii – 2 years
- Idaho – 2 years
- Illinois – 2 years
- Indiana – 2 years
- Iowa – 2 years
- Kansas – 2 years
- Kentucky – 1 year
- Louisiana – 1 year
- Maine – 6 years
- Maryland – 3 years
- Massachusetts – 3 years
- Michigan – 3 years
- Minnesota – 4 years
- Mississippi – 3 years
- Missouri – 5 years
- Montana – 3 years
- Nebraska – 4 years
- New Hampshire – 3 years
- New Jersey – 2 years
- Nevada – 2 years
- New Mexico – 3 years
- New York – 3 years
- North Carolina – 3 years
- North Dakota – 6 years
- Ohio – 2 years
- Oklahoma – 2 years
- Oregon – 3 years
- Pennsylvania – 2 years
- Rhode Island – 3 years
- South Carolina – 3 years
- South Dakota – 3 years
- Tennessee – 1 year
- Texas – 2 years
- Utah – 3 years
- Vermont – 3 years
- Virginia – 2 years
- Washington – 3 years
- Washington, D.C. – 3 years
- West Virginia – 2 years
- Wisconsin – 3 years
- Wyoming – 4 years
Statute of Limitations for Wrongful Death Asbestos Cases by State
The statute of limitations for wrongful death cases is more straightforward. They are always set from the time of the victim’s death.
- Alabama – 2 years
- Alaska – 2 years
- Arizona – 2 years
- Arkansas – 3 years
- California – 1 year
- Colorado – 2 years
- Connecticut – 3 years
- Delaware – 2 years
- Florida – 2 years
- Georgia – 2 years
- Hawaii – 2 years
- Idaho – 2 years
- Illinois – 2 years
- Indiana – 2 years
- Iowa – 2 years
- Kansas – 2 years
- Kentucky – 1 year
- Louisiana – 1 year
- Maine – 2 years
- Maryland – 3 years
- Massachusetts – 3 years
- Michigan – 3 years
- Minnesota – 3 years
- Mississippi – 3 years
- Missouri – 3 years
- Montana – 3 years
- Nebraska – 2 years
- New Hampshire – 3 years
- New Jersey – 2 years
- Nevada – 2 years
- New Mexico – 3 years
- New York – 2 years
- North Carolina – 2 years
- North Dakota – 2 years
- Ohio – 2 years
- Oklahoma – 2 years
- Oregon – 3 years
- Pennsylvania – 2 years
- Rhode Island – 3 years
- South Carolina – 3 years
- South Dakota – 3 years
- Tennessee – 1 year
- Texas – 2 years
- Utah – 2 years
- Vermont – 2 years
- Virginia – 2 years
- Washington – 3 years
- Washington, D.C. – 2 years
- West Virginia – 2 years
- Wisconsin – 3 years
- Wyoming – 2 years
How to File an Asbestos Claim
Asbestos exposure claims are complicated. If you are thinking of filing a lawsuit or making a claim, you need to talk to an experienced mesothelioma lawyer. They will review your case for free.
If you have a good case, the right lawyer will file the claim for you. For a lawsuit, for instance, they will file the documentation, notify the defendants, build a case with evidence, and negotiate a settlement on your behalf or argue for a jury award at trial.
Get Help Filing Your Claim Today
If you believe you have an asbestos-related case for personal injury or wrongful death, find an experienced lawyer as soon as possible. Look for a lawyer specializing not just in personal injury but in asbestos exposure and mesothelioma. Since these cases are specialized and complicated, you need a lawyer with the proper knowledge and experience.
The statute of limitations that applies to your case may not be immediately obvious; however, it will still limit your ability to seek justice and compensation. Rely on an experienced and qualified lawyer to help file your case before the limit has expired.
Get Your FREE Mesothelioma PacketPage Written by Rod De Llano, Esquire
Rod De Llano was born and raised in Laredo, Texas. He graduated from Princeton University with a B.A. in Economics, and earned a law degree from the University of Texas. After working for an international law firm for several years, Rod formed a law firm dedicated to representing persons injured by exposure to asbestos products. For over 20 years, Rod has fought for persons diagnosed with asbestos-related diseases such as mesothelioma, lung cancer, and asbestosis. His clients have recovered over $1 billion over the years.