Mesothelioma Statute of Limitations

About the Statute of Limitations on Mesothelioma Claims

The statutes of limitations on mesothelioma claims are state laws that specify how much time someone has to file a lawsuit after a mesothelioma diagnosis or death.

Mesothelioma claims are impacted by something called the “discovery rule.” Under this rule, the statute of limitations on a mesothelioma claim starts running on the date you are diagnosed with this cancer or the date a loved one passes away, instead of when the exposure to asbestos took place.

This is because mesothelioma and other illnesses caused by asbestos have a latency period of 10-50 years, meaning it can take decades for the first symptoms to show up.

Mesothelioma Statute of Limitations at a Glance

• The mesothelioma statute of limitations applies to claims for mesothelioma, lung cancer, and other asbestos-related diseases.
• Each state has its own statute of limitations on mesothelioma claims.
• This time limit ranges from 1 to 6 years and may be different for personal injury lawsuits and asbestos claims after death.
• If the deadline in your state has passed, a mesothelioma lawyer may be able to file your lawsuit in a state with a longer statute of limitations on mesothelioma claims.

It’s important to contact an asbestos attorney as soon as possible so you don’t miss your chance to pursue compensation from a mesothelioma lawsuit.

LawFirm.com works with top mesothelioma attorneys who can file mesothelioma claims quickly in all 50 states to protect their clients’ legal rights. Together, they’ve recovered over $9 billion for mesothelioma victims and their families.

Get a free case review now to see if they may be able to help your family secure compensation and justice.

Mesothelioma Lawsuit Statute of Limitations by Case Type

The mesothelioma statute of limitations may vary depending on whether you are filing a personal injury claim or a wrongful death lawsuit. Find out about the deadlines related to these two types of mesothelioma claims below.

1. Mesothelioma Personal Injury Statute of Limitations

Mesothelioma personal injury lawsuits are filed by people who have been diagnosed with mesothelioma or another asbestos-related disease. The mesothelioma statute of limitations in these cases starts to run on the date the person receives their diagnosis.

In most states, mesothelioma patients have 2-3 years to take legal action.

2. Mesothelioma Wrongful Death Statute of Limitations

Mesothelioma lawsuits after death are filed by family members or estate representatives of those who have passed away from an asbestos-related illness. The mesothelioma lawsuit deadline in these cases begins on the date of the person’s death.

The mesothelioma statute of limitations for wrongful death is often shorter than the filing deadline for personal injury cases. In some states, families may only have 1 year to file a lawsuit after the death of a loved one.

Mesothelioma personal injury and wrongful death lawsuits are both filed against the companies that caused you or a loved one to be exposed to asbestos. Many manufacturers knew about the dangers of asbestos but failed to warn the public to keep making money.

For both types of lawsuits, it’s crucial to reach out to a mesothelioma lawyer as soon as possible. They can act quickly to file a claim before the mesothelioma statute of limitations has expired.

Asbestos Statute of Limitations by State

The most important factor affecting the statute of limitations in an asbestos case is the state where the lawsuit is filed. The asbestos claims statute of limitations is as short as 1 year in some states and as long as 6 years in others.

Use our drop-down menu to find your state’s mesothelioma statute of limitations.

Keep in mind that the mesothelioma statutes of limitations are subject to change. It’s best to work with an asbestos attorney who can meet the requirements in your state to ensure a successful outcome.

Even if you believe the statute of limitations on mesothelioma claims has expired in your case, it’s still a good idea to contact an asbestos attorney. They may be able to file your claim in another state or help you access other sources of mesothelioma compensation.

Factors That Impact the Mesothelioma Lawsuit Deadline

There are several factors that can affect the mesothelioma statute of limitations that apply to your case.

These factors include:

• Date of mesothelioma diagnosis or death: The clock generally starts running on the date of a mesothelioma diagnosis or death.
• Where you currently live: The laws in your state may affect how long you have to file a claim.
• Where you were exposed to asbestos: In some cases, you may be able to file your mesothelioma lawsuit in the state(s) where you were exposed to asbestos. For example, you may be able to file a claim in a state where you worked or served in the military.
• Where the asbestos companies responsible for your illness are located: Some mesothelioma lawsuits are filed in the state in which a negligent asbestos company is based or has conducted business. This may extend the statute of limitations on mesothelioma claims in your case.
• Whether you’re filing a personal injury or wrongful death claim: The mesothelioma statute of limitations for these two types of lawsuits may differ, potentially affecting the amount of time you have to file a claim.

In some cases, the mesothelioma statute of limitations time frame may be extended due to special circumstances.

An experienced lawyer can help you understand the mesothelioma claims time limit in your case and work quickly to file your lawsuit before any deadlines.

Where Should I File My Mesothelioma Lawsuit?

Depending on the circumstances of your case, you may have multiple options regarding where you can file your mesothelioma lawsuit.

You may be able to file your lawsuit in the state(s) where:

• You currently live or lived in the past
• You were exposed to asbestos
• The companies responsible for your asbestos exposure are located
• Those asbestos companies conducted business in the past

A mesothelioma lawyer can review the facts of your case and determine the state most likely to result in a successful outcome.

What to Do If the Mesothelioma Claims Time Limit Has Expired

If the mesothelioma statute of limitations in your state has passed, you may still have options to pursue financial compensation.

You may be able to:

• Access payouts from asbestos trust funds, which currently contain over $30 billion and have their own filing deadlines
• File an asbestos lawsuit in another state
• Pursue VA benefits from the U.S. Department of Veterans Affairs, if your asbestos exposure is connected to military service
• Take advantage of mesothelioma statute of limitations exceptions

A mesothelioma lawyer can help you explore all possible avenues for compensation to maximize your potential payout.

Get started now by seeing if you qualify for asbestos trust fund compensation.

Get Helping Filing Your Mesothelioma Claim in Time

LawFirm.com has partnered with top mesothelioma law firms that have successfully navigated the mesothelioma statute of limitations for thousands of clients.

Our legal partners have the ability to file mesothelioma claims in all 50 states, potentially extending the mesothelioma lawsuit deadline in your case.

They handle all aspects of the legal process and never charge any upfront or out-of-pocket fees.

Contact our team at (888) 726-9160 right now or fill out our form to get started. Don’t miss your chance for justice.