Statute of Limitations
The statute of limitations for mesothelioma cases starts at the time of patient's diagnosis or death and expires at different times depending on each state's laws.
How Long Do You Have to File a Claim?
Factors Affecting How Long You Have to File
The state where the company responsible for the patient’s exposure is located strongly affects how long claimants have to file a case. Each state in the U.S. has its own statute of limitations for mesothelioma cases.
Type of Case
The statute of limitations for a typical mesothelioma claim begins when the patient was diagnosed. If the patient has passed away, a spouse or family member has a newly set statute of limitations to file a claim.
Statute of Limitations Explained
The statute of limitations for mesothelioma cases is different than other personal injury claims. While the time to file a typical personal injury claim starts at the time of the injury, mesothelioma cases are different because of the disease’s long latency period.
Therefore, special rules apply to mesothelioma cases that allow the statute of limitations to start from the time a diagnosis is made or the time a patient passed away. This ensures the statute of limitations doesn’t run out before a patient realizes anything is wrong.
Statute of Limitations by State
Patients who wish to pursue a lawsuit have anywhere from 1-6 years from their diagnosis to file a claim. Wrongful death claims are different, however. The statute of limitations for spouses and dependents filing a wrongful death case begins on the date when the patient passed away. Below is a list of the statute of limitations for mesothelioma cases in each state based on whether the claim is for personal injury or wrongful death.
|Location||Personal injury (years)||Wrongful death (years)|