Mesothelioma Statute of Limitations

What Is a Mesothelioma Statute of Limitations?

A mesothelioma statute of limitations is a law that sets the maximum amount of time someone can file an asbestos lawsuit. The time limit to file a lawsuit varies in each state and with each type of claim. Understanding the statute of limitations is crucial for those seeking to file a claim for asbestos-related diseases like mesothelioma. For cases involving deceased individuals, it’s important to know how to file after a death.

Most statutes of limitations for mesothelioma claims are 1 to 4 years. If you fail to file within that time, you may still be able to file a claim in a different state with a more extended limitation period. 

Most states have an asbestos statute of limitations of 2 years. Roughly 33% of states provide 3 years to file wrongful death claims. Some states allow 4 or more years to file a personal injury claim. Maine, Minnesota and North Dakota offer 6 years to file personal injury lawsuits.

People may not be able to file a mesothelioma lawsuit if they wait until the statute of limitations period has lapsed, although there are some exceptions an experienced lawyer can guide clients through. It’s important to consult a qualified mesothelioma attorney as early as possible after a mesothelioma diagnosis to begin the legal process.

Is My Mesothelioma Claim Within the Statute of Limitations?

Several dozen different factors can affect the statute of limitations for your individual case. The statute of limitations applies to personal injury lawsuits, wrongful death lawsuits and trust fund claims. However, the timeframes may vary for each of these types of legal action.

While historically mesothelioma class-action lawsuits were common, today they’re rarely part of asbestos litigation. Statutes of limitations apply to these actions as well.

In some exceptional cases, the severity of your diagnosis can determine whether you’re eligible for an extension. A qualified mesothelioma attorney can tell you whether your claim is within the statute of limitation or if an extension may apply to your case. They can review your work history, trace where your asbestos exposure occurred and explain all your options for compensation.

Why Begin the Mesothelioma Lawsuit Process Early?

The sooner you file, the faster you and your family can get compensation. An asbestos settlement or jury trial verdict could cover treatment costs and other expenses. 

“It’s not just a matter of the statute of limitations,” Samuel Meirowitz, partner at Meirowitz & Wasserberg, told The Mesothelioma Center. “It’s also a matter of where the timing of filing your case puts you in line to get your case heard faster.”

Starting the process sooner rather than later affords you and your legal team time to gather evidence. Collecting proof of exposure for a successful mesothelioma claim can become more challenging as time passes.

There are many complexities, exceptions and extensions to mesothelioma statutes of limitations. To understand your options, it’s best to speak with a mesothelioma law firm specializing in this unique area of law.

In Which State Should I File My Mesothelioma Lawsuit?

Depending on where your exposure occurred, the location of the companies responsible and where you have lived in the past, the state you file in could be different than where you live. An experienced asbestos law firm can help determine which state laws apply to your case. You may have the right to file several claims under different statutes of limitations.

Veterans exposed to asbestos on a naval vessel, at a shipyard or while deployed overseas may have many questions about where to file a mesothelioma claim. A mesothelioma lawyer with experience working with veterans knows where you should file your claim to receive the most compensation.

What Are My Options if the Statute of Limitations Passed?

If an experienced attorney confirms the statute of limitations that applies to your case has expired, you may still have other options for receiving asbestos exposure compensation. Options include claims with the VA, disability insurance and health insurance.

Because statutes of limitations vary in each state, you may not know what applies to your case. The best recommendation is to find a qualified asbestos attorney to advise you on the best action plan for you.

A mesothelioma lawyer can provide more information about your options and determine if you qualify for an exception or an extension. For example, in 2020, the Supreme Court of Ohio made exceptions to statutes of limitations because of COVID-19.

Common Questions About the Statute of Limitations on Mesothelioma Claims

What is a statute of limitations?

A statute of limitations is a period of time in which a lawsuit or claim must be brought before the right is extinguished.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

When does the statute of limitations start on an asbestos case?

The statute of limitations on an asbestos case generally starts on the date in which you knew or should have known that your injuries or death were caused by asbestos. Depending on the state, you have anywhere from 1 to 3 years from the date of diagnosis or date of death to file a lawsuit.  As for filing claims with the various asbestos trusts, you generally have 3 years from the date of diagnosis or date of death to file a claim against the asbestos trusts. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Can a claim be filed in another state if the statute of limitations has expired?

Generally, a claim can be filed in any state where the mesothelioma victim was exposed to asbestos.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

What are the statutes of limitations for personal injury and wrongful death lawsuits in each state?

Depending on the state, you generally have anywhere from 1 to 3 years from the date of diagnosis or date of death to file a lawsuit.  As for filing claims with the various asbestos trusts, you generally have 3 years from the date of diagnosis or date of death to file a claim against the asbestos trusts. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Recommended Reading