Note that mesothelioma cases are unique from other personal injury claims due to the latency period of the disease, among other characteristics. For this reason, some states may have a different statute of limitations on mesothelioma cases than they do for other personal injury or wrongful death claims.
Mesothelioma Statute of Limitations
Statute of limitations is a state law which determines the amount of time a victim has to file a legal claim. Statute of limitations pertain to many types of cases, including those involving mesothelioma.
Written by Retired LCDR Carl Jewett
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How Long Do You Have to File a Claim?
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's laws.
The time limits for mesothelioma claims are usually between two and four years from diagnosis or the death of the patient. However, some states have one-year limits on mesothelioma claims. Other states have five- or six-year limits.
Factors Affecting How Long You Have to File
Mesothelioma Statute of Limitations Explained
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.
It usually takes between 20 and 50 years after a patient’s first asbestos exposure for mesothelioma to develop. Therefore, special rules apply to mesothelioma cases.
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.
Personal Injury Cases
A patient who has mesothelioma may file 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.
Wrongful Death Cases
If a mesothelioma patient passes away without being compensated on a particular claim, their family can file a wrongful death claim. The statute of limitations for a wrongful death claim typically begins when the patient passes away.
Through wrongful death claims, a 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.
Statute of Limitations by State
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 all of those locations. Another reason to file in multiple states is when a victim’s residence or company is located in a state other than where exposure happened.
If the statute of limitations in one state runs out, there may be other states with more time left on the deadline.
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.
West
West
State
Alaska
Arizona
California
Colorado
Hawaii
Idaho
Montana
Nevada
New Mexico
Oregon
Utah
Washington
Wyoming
Personal injury
2
2
1
2
2
2
3
2
3
2
4
3
4
Wrongful death
2
2
1
2
2
2
3
2
3
3
2
3
2
Central
Central
State
Arkansas
Illinois
Iowa
Kansas
Louisiana
Minnesota
Missouri
Nebraska
North Dakota
Oklahoma
South Dakota
Texas
Wisconsin
Personal injury
3
2
2
2
1
2
5
4
6
2
3
2
3
Wrongful death
3
2
2
2
1
3
3
2
2
2
3
2
3
Northeast
State
Connecticut
Delaware
Indiana
Maine
Maryland
Massachusetts
Michigan
New Hampshire
New Jersey
New York
Ohio
Pennsylvania
Rhode Island
Vermont
Washington D.C.
Personal injury
2
2
2
6
3
3
3
3
2
3
2
2
3
3
3
Wrongful death
2
2
2
2
3
3
3
3
2
2
2
2
3
2
2
Central
State
Arkansas
Illinois
Iowa
Kansas
Louisiana
Minnesota
Missouri
Nebraska
North Dakota
Oklahoma
South Dakota
Texas
Wisconsin
Personal injury
3
2
2
2
1
2
5
4
6
2
3
2
3
Wrongful death
3
2
2
2
1
3
3
2
2
2
3
2
3
Northeast
Northeast
State
Connecticut
Delaware
Indiana
Maine
Maryland
Massachusetts
Michigan
New Hampshire
New Jersey
New York
Ohio
Pennsylvania
Rhode Island
Vermont
Washington D.C.
Personal injury
2
2
2
6
3
3
3
3
2
3
2
2
3
3
3
Wrongful death
2
2
2
2
3
3
3
3
2
2
2
2
3
2
2
Southeast
Southeast
State
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee
Virginia
West Virginia
Personal injury
2
4
2
1
3
3
3
1
2
2
Wrongful death
2
2
2
1
3
2
3
1
2
2
When to File a Mesothelioma Claim
It’s important for patients and families to file a claim quickly. 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.
Even if you think the statute of limitations for your case has expired, you should contact an experienced attorney. In some cases, legal experts may direct you to filing in a state with a longer time limit.
Mesothelioma Guide can connect you with attorneys who understand each state’s statute of limitations. These experienced lawyers will do everything possible to get you your deserved compensation.
Last Edited: July 31, 2020.
