Mesothelioma Statutes of Limitations

Statutes of Limitations by State

Each state has its own statute of limitations for mesothelioma cases. Sometimes a mesothelioma case is even filed in multiple states if there are exposures in multiple states.

The list below can give you a general idea of how many years you are allotted to file a claim. Since many contributing facts and circumstances, may lengthen or shorten these time limits, you should always consult a lawyer to find out exactly how much time you have to file your specific case in the applicable state.

Statute of Limitations Explained

Filing a lawsuit is usually one of the last things to cross a cancer patient’s mind. The stress of a mesothelioma diagnosis is a lot to handle, and finding treatment always comes first. However, patients and family members need to file their claim quickly to ensure they can receive compensation.

These special rules allow the statute of limitations to typically 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.

Personal Injury Cases

A patient who has mesothelioma may file personal injury claims against the companies that exposed the patient to asbestos. Since it takes decades for mesothelioma to develop, patients won’t know they have a disease until many years after they were “injured” by asbestos. Therefore, the time span for filing a claim usually starts when the patient is diagnosed.

The statute of limitations for mesothelioma cases may be different than other personal injury claims. This is due to the “discovery of harm” rule. In the large majority of states, the window to file a typical personal injury claim starts at the time of the injury, the window for mesothelioma cases begins at diagnosis.

The “discovery of harm” rule allows personal injury cases to be filed within a certain amount of time after a person knew or should have known about his injury. Mesothelioma patients have no way of discovering that they were injured until decades later when symptoms begin to show and a doctor diagnoses them.

Wrongful Death Cases

If a mesothelioma patient passes away without being paid on a particular claim, their family may be able to file a wrongful death claim. The time span 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.

Filing a Mesothelioma Claim

It’s important for patients and families to act quickly in filing a mesothelioma claim. Since the mesothelioma statutes of limitations is only one year in some states, filing quickly can ensure that you don’t miss out on getting the money the family deserves.

Mesothelioma Guide can connect you with attorneys who can successfully determine the statute of limitations for your case and get you the maximum compensation you deserve. Get connected with an experienced attorney for free legal advice today.