Mesothelioma Statute of Limitations and Timeline
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, you may have the right to seek compensation from the company responsible for your asbestos exposure by filing a personal injury claim. If your loved one died from mesothelioma, you may be able to file a wrongful death claim over their asbestos exposure. However, there are state-mandated deadlines for filing. Contact Meirowitz & Wasserberg to file your mesothelioma claim before your statute of limitations expires.
Written by: Daniel Wasserberg
Daniel Wasserberg became an Asbestos & NYC personal injury lawyer because he was motivated to assist victims of injustice by fighting corporate entities that value profit over the public’s health and welfare. Mr. Wasserberg has been appointed one of “The Top 10 Asbestos Lawyers” by The National Trial Lawyers.
Mesothelioma is a terrible and deadly disease with only one known cause—asbestos exposure. Mesothelioma is caused by inhaling or ingesting asbestos fibers, which is common because the fiber easily breaks down into tiny, microscopic particles. Primarily because of its resistance to fire and heat, asbestos was widely used in the construction, manufacturing, textile, automotive, and shipbuilding industries until the 1970s. Thus, many workers and consumers have been exposed to the fiber.
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, you may be able to file a personal injury claim and pursue compensation. If a loved one has died from the disease, you may be able to file a wrongful death claim.
While mesothelioma may take years—even decades—to surface after your asbestos exposure, you may still be able to file a claim even if your exposure happened years ago. But you don’t have forever to file an asbestos mesothelioma lawsuit. You must file within a certain time frame called the statute of limitations.
Filing a mesothelioma lawsuit may seem confusing and overwhelming. You might not know where to begin. The best way to protect your claim and legal rights is to contact a mesothelioma attorney immediately. Our experienced mesothelioma lawyers will stand by your side and fight for the compensation you and your family deserve. Contact Meirowitz & Wasserberg now so that we can determine when your lawsuit needs to be filed.
Quick Links
- What Is a Statute of Limitations?
- How Long Do Mesothelioma Patients Have to File a Lawsuit?
- Factors That Can Affect the Statute of Limitations
- Why It’s Important To Act Quickly After Being Diagnosed With Mesothelioma
- Meirowitz & Wasserberg Can Help
- Contact a Mesothelioma Attorney
- Mesothelioma Statute of Limitations FAQs
What Is a Statute of Limitations?
A statute of limitations is a law that specifies the time frame in which the person suing, also known as the plaintiff, can file a lawsuit. You can be barred from filing your mesothelioma claim if you don’t meet this time limit. Thus, contacting an asbestos-related mesothelioma law firm as soon as possible is imperative.
How Long Do Mesothelioma Patients Have to File a Claim?
A mesothelioma lawsuit timeline can be hard to calculate because states have different statutes of limitations. The deadline for a mesothelioma personal injury claim can range from one to six years. Mesothelioma death claims usually have shorter statutes of limitations, ranging from one to three years.
Different Types of Claims
There are different statutes of limitations for mesothelioma claims:
- Personal injury claim: This is filed by someone diagnosed with asbestos-related mesothelioma.
- Wrongful death claim: This is filed by the family of someone who died from asbestos-related mesothelioma.
Different Statutes of Limitations By State
The following chart breaks down the statute of limitations for each state’s personal injury and wrongful death laws. The personal injury statute of limitations typically starts on the date someone receives an asbestos-related mesothelioma diagnosis. The wrongful death statute of limitations generally starts on the date of the victim’s death.
| State | Personal Injury Statute of Limitation: | Wrongful Death Statute of Limitation |
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 2 years | 2 years |
| Colorado | 2 years | 2 years |
| Connecticut | 3 years | 2 years |
| Delaware | 2 years | 2 years |
| Florida | 2 years | 2 years |
| Georgia | 2 years | 2 vears |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| lowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 1 year | 1 year |
| Maine | 6 years | 2 vears |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 2 years | 3 years |
| Mississippi | 3 years | 3 years |
| Missouri | 5 years | 3 years |
| Montana | 3 years | 3 years |
| Nebraska | 4 years | 2 years |
| Nevada | 2 years | 2 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | 3 years | 2 years |
| North Carolina | 3 years | 2 years |
| North Dakota | 6 years | 2 years |
| Ohio | 2 years | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 3 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 3 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 3 years | 3 year |
| Tennessee | 1 year | 1 years |
| Texas | 2 years | 2 years |
| Utah | 3 years | 2 years |
| Vermont | 3 years | 2 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 4 years | 2 years |
These statutes of limitations are subject to change. Therefore, you should contact a mesothelioma attorney as soon as possible. They can research and pinpoint the statute of limitations that applies to your claim.
Calculation of the Statute of Limitations
Generally, for personal injury cases, the statute of limitations starts to run on the date the injury occurs. For mesothelioma claims, the date of injury would usually be the date you were exposed to asbestos. However, for asbestos-related personal injury claims, the statute of limitations is subject to the discovery rule.
The discovery rule mandates that the statute of limitations for asbestos-related diseases, including mesothelioma, starts to run on the date of your diagnosis, not on the date of exposure.
Mesothelioma and other diseases caused by asbestos have a latency period. This means that you might not develop symptoms for a while after exposure. In some cases, an asbestos-related mesothelioma diagnosis could come decades after exposure.
For asbestos-related mesothelioma wrongful death claims, the statute of limitations starts to run on the date of the victim’s death.
Factors That Can Affect the Statute of Limitations
Our mesothelioma attorneys have experience applying other factors that affect statutes of limitations. They can explain your options and identify which would give you the best chance of recovering compensation.
These factors include:
- Date: The statute of limitations time frame may differ depending on whether your claim is a personal injury or wrongful death claim.
- Residence: Your current and past states of residence may affect the statute of limitations as they may have different deadlines. A mesothelioma lawyer will determine which state statute of limitations will apply to your case.
- Location of Exposure or Employer: The state where your employer is located and where your asbestos exposure occurred will dictate which state’s statute of limitations applies to your case.
- Number of diseases: You may have been diagnosed with multiple asbestos-related diseases. If so, there may be different statutes of limitations running simultaneously if the diagnoses happened at different times.
How Long Does it Take to Settle a Mesothelioma Case?
Why It’s Important To Act Quickly After Being Diagnosed With Mesothelioma
A mesothelioma diagnosis will leave you and your loved ones with many questions. We understand that it will be a stressful and emotional time. But once you receive this diagnosis, the statute of limitations clock will begin to tick.
That’s why it’s important to contact a mesothelioma attorney as soon as possible after you’re diagnosed with asbestos-related mesothelioma. Your attorney will ensure your mesothelioma case is filed on time so you and your family don’t lose the opportunity to seek compensation. Contact an NYC asbestos lawyer now.
Meirowitz & Wasserberg Can Help
Choosing a mesothelioma attorney to represent you is an important step. You need a law firm with deep resources and experience handling mesothelioma cases. And you want a law firm that you can trust. Look no further than the Meirowitz & Wasserberg NYC mesothelioma lawyers.
Founding attorneys Samuel Meirowitz and Daniel Wasserberg have been named Super Lawyers Rising Stars. Our mission is to help people stand up against big corporations. With a passion for justice and persistence, Meirowitz & Wasserberg will fight to protect your legal rights and help you pursue maximum compensation.
Our attorneys have experience in all types of complex asbestos-related mesothelioma cases and asbestos-related cancers, including asbestosis, asbestos-related colon cancer, asbestos-related lung cancer, and pleural mesothelioma.
Our mesothelioma attorneys tailor their strategy to each individual case. We will stand by your side through it all. Here’s how we can help your lawsuit be successful:
- File your mesothelioma lawsuit on time
- Investigate your case and identify responsible parties
- Gather evidence, including employment and medical records
- Research applicable laws
- File motions and briefs
- Negotiate a settlement
- Represent you in court
While all cases are different and compensation can never be guaranteed, you can be confident that at Meirowitz & Wasserberg, our team of mesothelioma attorneys will thoroughly research and prepare your claim and advocate for your rights. Here are some figures from our case results:
- $32 million asbestos exposure verdict
- $5.1 million mesothelioma settlement
- $4 million mesothelioma settlement
- $3.4 million mesothelioma settlement
- $1.2 million asbestos lung cancer settlement
- $1 million asbestos lung cancer
- $450,000+ asbestosis settlement
Our experience, extensive resources, dedication, and passion are the foundation needed to help you and your family get the compensation you deserve.
Contact a Mesothelioma Attorney
A mesothelioma diagnosis will upend your life. Filing a mesothelioma lawsuit can help you and your family get the financial compensation you deserve. It is imperative to contact an experienced mesothelioma lawyer as soon as you are diagnosed with asbestos-related mesothelioma.
Many factors are involved in determining where to file your claim and what type of mesothelioma claim to file. Our experienced attorneys at Meirowitz & Wasserberg understand these complicated legal rules and will determine when your claim must be filed. Even if you think the statute of limitations has expired, you should still contact a mesothelioma lawyer. You might be able to file your mesothelioma claim in another state.
Don’t hesitate to seek legal representation if you or a loved one has been diagnosed with mesothelioma from asbestos exposure. Contact Meirowitz & Wasserberg today to schedule a free consultation and learn more about how our experienced mesothelioma lawyers can help you. Call us at 212-897-1988 or visit our website to learn more.
Mesothelioma Statute of Limitations FAQs
What Is Mesothelioma?
Mesothelioma is an aggressive and deadly cancer for which there is no cure. The main risk factor for developing this disease is asbestos exposure. If you or a loved one was diagnosed with asbestos-related mesothelioma or another asbestos-related disease, contact Mierowitz & Wasserberg now.
How Long Do I Have to File a Mesothelioma Lawsuit?
The time limit to file your mesothelioma lawsuit depends on many different factors. The time limit for personal injury asbestos-related mesothelioma claims ranges from one year to six years, depending on the applicable state law. The time limit for wrongful death asbestos-related mesothelioma claims ranges from one year to three years.
What Factors Can Affect the Statute of Limitations for Mesothelioma Cases?
Common factors affecting the statute of limitations for mesothelioma cases are:
- Whether it’s a personal injury or wrongful death claim
- Victim’s current or previous state of residence
- Location of the employer when you were exposed to asbestos
- Where and how asbestos exposure occurred
- Number of asbestos-related diseases you’ve been diagnosed with
What Happens if the Statute of Limitations Expires?
If the statute of limitations expires, you may be unable to bring a claim. However, you may be able to file your asbestos-related lawsuit in another state. Contact Meirowitz & Wasserberg. Our mesothelioma attorneys will determine where you should file your mesothelioma lawsuit.
Another option to explore is trust funds established for asbestos compensation. These cover bankrupt companies that manufactured or sold asbestos-containing materials and products.
Where Should I File My Mesothelioma Case?
Your options include the following:
- State of residence
- Former state of residence
- State where you were exposed to asbestos
- State of your employer that was responsible for the asbestos exposure
Our dedicated team of mesothelioma attorneys can investigate and determine your available locations. We can then file your case where you have the potential to receive the highest mesothelioma compensation.
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