Mesothelioma Statute of Limitations
Mesothelioma Statute of Limitations - When considering whether to file a complaint due to an asbestos-related disability or illness, such as mesothelioma, it is important to understand the timeframe necessary to do so. Unfortunately, it is possible to lose your rights for compensation by waiting too long to submit your lawsuit. In particular, given the long latency period for mesothelioma, the rules surrounding legal deadlines can become somewhat complicated.
Mesothelioma Statute of Limitations Types
Each state has its own deadline – called a personal injury statute of limitations – during which victims of asbestos-caused cancer can file a legal action. This means that you only have a limited time to file an asbestos-related lawsuit; if you don’t file in time, you could lose any entitlement to receive money for pain and suffering, lost wages, medical expenses, and other forms of remuneration.
Furthermore, additional considerations can come into play depending on whether mesothelioma victims are filing for themselves, or whether a family member is filing a claim after a loved one has passed away. There are two basic types of statutes covering each situation.
Personal Injury Mesothelioma Statutes of Limitations
Personal injury statutes apply to individuals who have recently been diagnosed with mesothelioma. The clock starts ticking once a diagnosis is made, and in some states, like California and Tennessee, the limit can be as short as one year.
In order to meet the appropriate deadlines, it is important to seek a knowledgeable mesothelioma lawyer immediately upon receiving a diagnosis. It can sometimes take months to prepare a lawsuit against the companies responsible for asbestos exposure, and hesitating even a little while can severely limit your legal options.
Wrongful Death Mesothelioma Statutes of Limitations
Wrongful death statutes are important for the family members of a mesothelioma victim who has passed away. The time for wrongful death statutes starts counting down upon the death of the individual who had mesothelioma.
In many states, the statutory limit for wrongful death is the same as for personal injury. However, there are quite a few states, like New York and Florida, where wrongful death statutes of limitations are shorter – sometimes significantly so – than personal injury statutes.
One issue that can delay filing wrongful death claims is that family members may not be aware of where their loved one was exposed to asbestos. It can often take some time to compile a list of former residences, workplaces, and other sites where the deceased individual might have experienced asbestos exposure.
Therefore, if you have a loved one who died due to mesothelioma or another asbestos-related disease, it is important to seek out a qualified asbestos attorney who can help you get started on researching the necessary information immediately.
Mesothelioma Statutes by State
The following table provides the time limitations as defined by each state’s personal injury and wrongful death statutes. In each state, lawsuits must be filed before the limit has expired.
| State | Mesothelioma Statute Of Limitations | Wrongful Death Mesothelioma Statute |
|---|---|---|
| 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 | 2 Years 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 |
Which State’s Mesothelioma Statute of Limitations Applies?
Determining which state’s statute of limitations applies to you or your loved one can depend on many factors, including:
- Place of residence, currently and in the past
- Job sites or military bases where asbestos exposure occurred
- The location of the responsible asbestos companies
Some state courts have special provisions for "immediate" trials for individuals with mesothelioma, lung cancer, or severe asbestosis. For example, in New York City, one judge has an asbestos case management order that sets trial clusters in April and October to allow for accelerated trial dates for those whose cases are most urgent (i.e., terminally ill victims).
An experienced mesothelioma attorney will be able to advise you on the appropriate location (venue) to file a claim, based on the statute of limitations and other factors, as applicable.
Source: mesothelioma.com
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