Mesothelioma cases are unique 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 claims.
Written By: Retired LCDR Carl Jewett
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. Mesothelioma statute of limitations pertain to cases involving this asbestos-caused cancer.
Reviewed By
Troy E. Walton
Personal Injury Attorney
Reviewed By
Troy E. Walton
Personal Injury Attorney
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Everything You Need to Know About Mesothelioma Lawsuits
Important Facts About Mesothelioma Statute of Limitations
- The statute of limitations for mesothelioma cases is usually 2-4 years.
- Personal injury and wrongful death claims may have different time limits.
- Location affects the statute of limitations the most.
- Legal experts recommend patients file their claims immediately.
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.
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.
Factors Affecting Your Statute of Limitations
Mesothelioma Statute of Limitations Explained
Finding treatment for mesothelioma always comes first. However, patients and family members should file their claim quickly to ensure they receive mesothelioma compensation.
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
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.
Wrongful Death Cases
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.
Statute of Limitations by State
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.
If the statute of limitations in one state runs out, there may be other states with more time left.
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.
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. 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.
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.
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.
Frequently Asked Questions About Mesothelioma Statute of Limitations
How long do I have to file a mesothelioma claim?
Each state has a different time limit, called the statute of limitations, for mesothelioma claims. Some states allow for as little as one year to file a claim, while other states grant five or six years. Most states allow between two and four years, for both personal injury and wrongful death cases. If you don’t file within your deadline, you may be forever barred from filing a case or claim.
When does the statute of limitations start for mesothelioma?
The statute of limitations for mesothelioma usually begins when the patient learns of their cancer diagnosis. Mesothelioma takes 20-50 years to reveal itself in symptom form, so victims won’t realize they have the cancer immediately after their asbestos exposure.
Sources & Author
- Statute of Limitations for Each State. Lawyers.com Website. Retrieved from: https://www.lawyers.com/. Accessed: 03/29/19.
- Statute of Limitations. California Courts. Retrieved from: https://www.courts.ca.gov/9618.htm. Accessed: 08/07/19.
- Civil Statute of Limitations Laws by State. FindLaw. Retrieved from: https://www.findlaw.com/. Accessed: 03/29/19.
