Mesothelioma Statute of Limitations

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

The mesothelioma claims time limits are usually between two and four years from diagnosis or the death of the patient. However, some states have one-year limits on personal injury and wrongful death claims. Other states have five- or six-year limits for a type of claim that is relevant to mesothelioma victims.

The stress of a mesothelioma diagnosis is a lot to handle, and finding treatment always comes first. However, patients and family members should file their claim quickly to ensure they can receive mesothelioma compensation. Doing so avoids possibly reaching the end of the statute of limitations for a specific state.

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

A patient who has mesothelioma may file personal injury mesothelioma lawsuits against the companies that exposed them to asbestos. Since it takes decades for the rare cancer to materialize, patients won’t know they have a disease until many years after their initial interaction with asbestos.

In the large majority of states, the window to file a typical personal injury claim starts at the time of the injury. However, mesothelioma cases are different usually because of the “discovery of harm rule.” This rule allows personal injury cases to be filed within a certain amount of time after a person knew or should have known about their injury.

If a mesothelioma patient passes away without being compensated on a particular claim, their family can file a wrongful death claim. The mesothelioma statute of limitations for a wrongful death claim typically begins when the patient passes away. Through wrongful death claims, a mesothelioma patient’s family has the opportunity to receive compensation from the companies that exposed their loved one. 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 file.

Each state has its own statute of limitations for claims relating to personal injury and wrongful death cases. Sometimes a mesothelioma case is filed in multiple states if asbestos exposure incidents occurred in multiple states or if a victim’s residence or company is located in a state other than where exposure happened.

The list below — retrieved from different legal websites such as lawyers.com and statelaws.findlaw.com — can provide a general idea of how many years you have to file your or your loved one’s claim. Since many contributing facts and 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 quickly file a mesothelioma claim. Since the mesothelioma statute of limitations is only one or two years in some states, filing as soon as possible can ensure that victims don’t miss out on getting the money they and their family deserve.

Mesothelioma Guide can connect you with attorneys who understand each state’s mesothelioma statute of limitations. These experienced lawyers will help you get the compensation you deserve. For more information on the mesothelioma case process, connect with an experienced attorney for help.