Mesothelioma Statute of Limitations

The mesothelioma statute of limitations starts at the time of a patient's diagnosis (for personal injury claims) or death (for wrongful death claims). It expires at different times depending on each state.

The time limits for mesothelioma claims. are usually between two and four years. However, some states have one-year limits. Other states allow for five or six years.

Finding treatment for mesothelioma always comes first. However, patients and family members should file their claim quickly to ensure they receive mesothelioma compensation.

These special rules allow the statute of limitations to start from the diagnosis date or when a victim passes away. This ensures the time allotted doesn’t run out before the victim realizes they have a disease.

Victims may file mesothelioma lawsuits against the companies that exposed them to asbestos. Since the cancer takes decades to materialize, patients won’t know of it until many years after their exposure.

In most cases, the window to file a personal injury claim starts at the time of the injury. However, mesothelioma cases are different because of the “discovery of harm rule.” This rule allows cases to be filed within a certain amount of time after a person knew about their cancer.

If a mesothelioma patient passes away before being compensated, their family can file a wrongful death claim. The statute of limitations for a wrongful death claim typically begins when the patient passes away.

These claims allow a patient’s family to receive compensation from the responsible companies. Each state has different rules for who can file wrongful death claims after a loved one passes. In most states, the surviving spouse and children are the only people who can do so.

Each state has its own statute of limitations for personal injury and wrongful death cases. Sometimes a mesothelioma case is filed in multiple states if asbestos exposure occurred in multiple locations. The victim’s residence or company’s headquarters may also support filing in multiple states.

The list below — retrieved from different legal websites such as lawyers.com and statelaws.findlaw.com — provides a general idea of how many years you have to file your or your loved one’s claim. Since many circumstances may lengthen or shorten these time limits, you should find a mesothelioma lawyer to review the specifics of your case.

It’s important for patients and families to file a claim quickly. The mesothelioma statute of limitations is only one or two years in some states. Filing as soon as possible can ensure victims don’t miss out on the money they and their family deserve.

A case in Minnesota proves why to file mesothelioma claims right away. A victim of asbestos exposure filed a lawsuit against multiple companies in the wrong state in 2013, but it was denied. He then passed away two years later in 2015. His wife filed a wrongful death lawsuit in Minnesota in 2018, but they learned of the cancer diagnosis and that asbestos was the culprit in 2012. This is when the statute of limitations clock began for the wrongful death claims.

In Minnesota, the statute of limitations for wrongful death mesothelioma lawsuits is three years. The district court ruled that the statute of limitations began once the victim learned his disease was “causally related to asbestos,” which was in January 2012 and more than six years before the claim was filed in February 2018.

Mesothelioma Guide can connect you with attorneys who understand each state’s mesothelioma statute of limitations. These experienced lawyers will do everything possible to get you your deserved compensation.