What Is a Mesothelioma Statute of Limitations?
The mesothelioma statute of limitations is the deadline for filing a lawsuit.
The mesothelioma lawsuit statute of limitations depends on the state you live in and the specific type of claim you’re filing:
- A personal injury lawsuit is filed by the person diagnosed with mesothelioma.
- A wrongful death lawsuit is filed by a spouse, family member, or estate representative after the death of a loved one.
In most personal injury cases, the countdown begins on the date of the injury. However, mesothelioma and other asbestos-related diseases can take decades to develop.
Asbestos cases typically follow the “discovery rule,” meaning the mesothelioma statute of limitations starts on the date you’re diagnosed — not the date of asbestos exposure. For wrongful death cases, it starts the day your loved one passes away.
Key Facts on the Statute of Limitations for Asbestos Claims
- Differs by claim type: There are different deadlines for personal injury and wrongful death claims.
- Typical time frame: Most states allow 2-3 years to file a personal injury claim, but some states only give you 1 year.
- Missed deadlines: If you miss the deadline in your state, you might still be able to file in another state or get compensation from asbestos trust funds.
- Help is available: An experienced mesothelioma lawyer can help you understand your options and make sure your claim is filed on time.
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Mesothelioma Statute of Limitations by State
The mesothelioma lawsuit statutes of limitations listed below are subject to change. You should work with a mesothelioma lawyer to navigate the deadlines in your state and ensure your claim is filed before time runs out.
| State | Statute After a Mesothelioma Diagnosis | Statute After the Death of a Loved One |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 1 year | 1 year |
| Colorado | 2 years | 2 years |
| Connecticut | 3 years | 3 years |
| Delaware | 2 years | 2 years |
| Florida | 2 years | 2 years |
| Georgia | 2 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 1 year | 1 year |
| Maine | 6 years | 2 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 6 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 years |
| Tennessee | 1 year | 1 year |
| 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 |
Where Should I File My Asbestos Claim?
Filing your claim in the right state can significantly impact the outcome and total amount of compensation you receive.
You may have multiple options, even if the mesothelioma statute of limitations has expired where you live now.
Mesothelioma lawsuits can be filed in the state where:
- You currently live
- You worked or lived when you were exposed to asbestos
- The responsible companies are or were located
A mesothelioma law firm can review the facts of your case and offer guidance on where to file a claim.
Looking for an experienced mesothelioma lawyer to help you file a claim? Download our Free Attorney Checklist to ensure you ask the right questions during the interview process.
Factors Affecting the Statute of Limitations for Asbestos Claims
Several factors can affect the statute of limitations on asbestos claims. By being aware of these factors, you can better navigate the legal process and secure the compensation you and your family deserve.
Factors your attorney will consider include:
- Date of diagnosis: In many cases, the statute of limitations begins from the date you were diagnosed with mesothelioma or another asbestos-related disease.
- Date of death: Family members have a limited time to file a mesothelioma claim on behalf of their loved one after they pass away.
- Jurisdiction: A mesothelioma lawyer can determine the relevant jurisdiction with the most favorable statute of limitations for your case.
- Company status: If the companies responsible for your illness have declared bankruptcy, you may need to file claims with their asbestos trusts. These trusts set their own deadlines and aren’t subject to the statute of limitations on mesothelioma claims.
Your mesothelioma lawyer can review these factors and make sure your claim meets all the legal requirements.
“Because of your health, you might reach a point where you won’t be able to do anything with an attorney. You need to contact them as soon as possible.”
Top 3 Reasons to File a Mesothelioma Claim Early
Filing a claim quickly can not only help you access vital compensation for treatment within the mesothelioma statute of limitations, but it also strengthens your case and protects your family’s financial future.
1. Accessing Funds for Treatment
Mesothelioma treatment can be expensive, even if you have insurance. Money from asbestos payouts can help ease your financial stress, allowing you to focus on your health and recovery.
Starting your claim early allows you to pursue compensation for treatment as soon as possible — before you need to dip into your savings or take out personal loans.
2. Keeping Evidence Fresh
The sooner you file your claim, the easier it is to gather and preserve critical evidence that supports your case.
Memories fade, witnesses become harder to find, and documents can get lost over time. The earlier you act, the more likely it is the evidence needed to prove your asbestos exposure is strong and reliable.
3. Providing Financial Security for Your Family
Acting quickly on a legal claim can provide financial security for your loved ones by covering all aspects of your diagnosis and treatment.
You’ll also gain peace of mind from knowing your loved ones have the resources they need for the future.
“To know that when you’re gone, they’re going to be taken care of, whether they’re children or they’re adults. It’s nice to know there’s something there for them.”
What Are My Options if the Statute of Limitations Has Run Out?
Even if you believe you’ve missed the mesothelioma statutes of limitations, there are other ways to pursue compensation for you and your family.
Some of these include:
- Asbestos trust funds: Over $30 billion is available in trust funds set up by bankrupt asbestos companies. The deadlines for asbestos trust fund claims differ from state statutes and may give you more time to file.
- Filing a claim in another state: Many victims can file a legal claim in a state other than where they currently live, depending on their exposure history or where the asbestos companies in question did business.
- Extensions or exceptions: Some asbestos exposure victims may qualify for extensions or exceptions to the mesothelioma statute of limitations.
- Veterans benefits: Military veterans with mesothelioma may be eligible for disability benefits, which can provide nearly $4,000 a month.
We can help you investigate all potential avenues of compensation — connect with us now to get started.
Get Help Filing Your Mesothelioma Claim in Time
Taking legal action for mesothelioma is a critical and time-sensitive step. We know how overwhelming this can feel, especially when you’re already dealing with the challenges of a cancer diagnosis.
That’s why we’re dedicated to making the legal process as smooth and stress-free as possible for you.
We can help:
- Ensure your claim is filed accurately and on time
- Handle every aspect of the legal process for you
- Fight for fair compensation on your behalf
Don’t wait — call (866) 608-8933 to connect with a Patient Advocate and start your free case review before time runs out.
Mesothelioma Claims Time Limit FAQs
What is the statute of limitations on asbestos claims?
The statute of limitations for asbestos claims varies by state but typically ranges from 2 to 3 years.
This time limit usually begins when a person is diagnosed with an asbestos-related disease like mesothelioma, not when the exposure occurred. In wrongful death cases, the clock starts at the time of a loved one’s passing.
Because these deadlines can pass quickly, it’s important to speak with an asbestos attorney as soon as possible. A lawyer can help determine the exact time limit in your case and make sure your claim is filed on time.
Is there a time limit on a mesothelioma claim?
Yes. Each state has its own deadline for filing mesothelioma claims, known as the statute of limitations.
You should check the specific statute of limitations in your state and consult with an experienced asbestos attorney to ensure your claim is filed before this deadline passes.
Even if you think it’s too late, it’s still worth speaking with an asbestos attorney. They might be able to file your claim in another state or help you get compensation from other sources.
Can you sue for mesothelioma after death?
Yes. Spouses, children, and other family members can file a wrongful death lawsuit if a loved one has died of mesothelioma or another asbestos-related disease.
The statute of limitations for wrongful death can differ from the asbestos personal injury statute of limitations. Work with a lawyer specializing in asbestos litigation to see if you can file.
What is the limitation period for mesothelioma?
How long you have to file a mesothelioma claim depends on various factors, including the state you plan to file and the type of claim.
Mesothelioma personal injury and wrongful death claims have different statutes of limitations. In personal injury cases, these deadlines range between 1-6 years.
However, in most states, people have 2-3 years to file an asbestos personal injury claim.
What can I do if the asbestos claims statute of limitations has expired?
If the asbestos claims statute of limitations has expired in your state, you may be able to file your claim in another state.
For example, you may be able to bring a claim in the state where you were exposed to asbestos or where the company responsible for your asbestos exposure is based.
An attorney specializing in asbestos litigation can let you know the states in which you may be able to file. They can also pursue other types of asbestos compensation on your behalf, like asbestos trust fund money and VA benefits.
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