What Is a Mesothelioma Statute of Limitations?
A statute of limitations is a law that sets a time limit on how long a person has to take legal action and file a claim. Statutes of limitations vary by state and by the type of claim.
In most personal injury cases, the clock starts ticking on the date of the accident or injury. However, something known as the “discovery rule” applies because of the unique nature of asbestos cases.
Mesothelioma and other asbestos-related diseases like asbestosis and lung cancer have a latency period of 10-50 years. As a result, asbestos victims may not show symptoms — or even know they were exposed to asbestos — until decades later.
The discovery rule allows the mesothelioma statute of limitations to start running on the date of your diagnosis instead of the date you were exposed to asbestos.
In mesothelioma wrongful death cases, the deadline usually starts on the date of the victim’s death.
Need help filing a mesothelioma claim before you run out of time? Connect with our partner law firm for a free case evaluation.
- There are different statutes of limitations for personal injury and wrongful death claims stemming from asbestos-related diseases.
- In most states, the mesothelioma statute of limitations for personal injury claims ranges between 2-3 years.
- As of 2023, the shortest mesothelioma personal injury statute of limitations is 1 year. California, Kentucky, Louisiana, and Tennessee have a 1-year statute of limitations.
- As of 2023, the longest mesothelioma personal injury statute of limitations is 6 years. Maine and North Dakota have a 6-year statute of limitations.
- If the mesothelioma statute of limitations has expired in your state, you may be able to file a claim in another state or access compensation from asbestos trust funds.
How Long Do I Have to File a Mesothelioma Claim?
It depends on the facts of your case. The statute of limitations on mesothelioma claims differs from state to state and can be affected by local laws.
Mesothelioma victims usually have 2-3 years to file an asbestos lawsuit. However, some victims may have more or less time depending on the facts of their case. As a result, the mesothelioma statute of limitations can be as short as 1 year or as long as 6 years.
There are two main types of mesothelioma lawsuits:
- Mesothelioma personal injury lawsuit: This type of suit is filed by a person diagnosed with mesothelioma or another asbestos-related disease and is still living.
- Mesothelioma wrongful death lawsuit: This type of suit is filed by estate representatives — usually family members like a spouse or adult child — after a loved one has passed away from mesothelioma.
The statutes of limitations for mesothelioma wrongful death lawsuits are the same or shorter than those for personal injury claims.
Your best action is to consult an asbestos lawyer as soon as possible and learn about the mesothelioma statute of limitations that applies to your case. Even if you think you have time, you should act quickly to avoid missing deadlines. Our Patient Advocates can get you started — chat with them live now.
Get help filing a mesothelioma claim before the clock runs out, and you forfeit your legal rights.
Mesothelioma Lawsuit Statute of Limitations by State
The statute of limitations on mesothelioma claims varies based on each state’s laws and the case’s specifics. As noted above, separate mesothelioma statutes of limitations exist for personal injury lawsuits and wrongful death claims.
To find out your state’s mesothelioma lawsuit statute of limitations, use the drop-down menu below.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Alabama *2 years
- $4.8 million - Navy Veteran
- $3.54 million - Auto Mechanic
- $2.7 million - Plasterer
Alaska *2 years
- $3.5 million - Auto Mechanic
- $3.2 million - Laborer
- $3.69 million - Navy Veteran
Arizona *2 years
- $4 million - Teacher
- $2.4 million - Navy Veteran
- $2.9 million - Pipefitter
Arkansas *3 years
The average mesothelioma settlement awards around $1 million.
California *2 years
The average mesothelioma settlement awards around $1 million.
Colorado *2 years
- $3.7 million - Truck Driver
- $1.1 million - Laborer
- $3.8 million - Navy Veteran
Connecticut *3 years
The average mesothelioma settlement awards around $1 million.
Delaware *2 years
- $3.4 million - Navy Veteran
- $1.48 million - Pipefitter
- $2.6 million - Bricklayer
Florida *4 years
The average mesothelioma settlement awards around $1 million.
Georgia *2 years
- $4.8 million - U.S. Navy veteran
- $3.7 million - Truck driver
- $1.5 million - Laborer
Hawaii *2 years
The average mesothelioma settlement awards around $1 million.
Idaho *2 years
The average mesothelioma settlement awards around $1 million.
Illinois *2 years
The average mesothelioma settlement awards around $1 million.
Indiana *2 years
The average mesothelioma settlement awards around $1 million.
Iowa *2 years
- $4.8 million - Navy Veteran
- $2.53 million - Laborer
- $1.8 million - Mechanic
Kansas *2 years
- $3.64 million - Welder
- $1.8 million - Truck Driver
- $3.9 million - Auto Mechanic
Kentucky *1 years
- $3.69 million - Navy Veteran
- $2.82 million - Truck Driver
- $3.9 million - Auto Mechanic
Louisiana *1 years
- $10.3 million - Stevedore
- $8.3 million - Serviceman's family
- $6.5 million - Derrickhand
Maine *6 years
- $1.48 million - Pipefitter
- $1.5 million - Electrician
- $3 million - Navy Veteran
Maryland *3 years
- $3.9 million - Army Veteran
- $5.2 million - Welder
- $2.9 million - Secondary Exposure
Massachusetts *3 years
- $3.8 million - Navy Veteran
- $2.4 million - Construction Worker
- $3.6 million - Factory Worker
Michigan *3 years
The average mesothelioma settlement awards around $1 million.
Minnesota *2 years
The average mesothelioma settlement awards around $1 million.
Mississippi *3 years
The average mesothelioma settlement awards around $1 million.
Missouri *5 years
The average mesothelioma settlement awards around $1 million.
Montana *3 years
- $3.4 million - Navy Veteran
- $1 million - Auto Mechanic
- $2 million - Laborer
Nebraska *4 years
- $3.4 million - Navy Veteran
- $3.26 million - Pipefitter
- $1.37 million - Truck Driver
Nevada *2 years
- $1.5 million - Mechanic
- $1.46 million - Army Veteran
- $2.4 million - Navy Veteran
New Hampshire *3 years
- $3.4 million - Navy Veteran
- $1.5 million - Mechanic
- $3.2 million - Army Veteran
New Jersey *2 years
- $3.4 million - Mechanic
- $1.75 million - Navy Veteran
- $2.1 million - Carpenter
New Mexico *3 years
- $3.3 million - Navy veteran
- $1.5 million - Mechanic
- $2.73 million - Air Force Veteran
New York *3 years
The average mesothelioma settlement awards around $1 million.
North Carolina *3 years
- $4.6 million - Welder
- $1.77 million - Electrician
- $2.73 million - Air Force Veteran
North Dakota *6 years
- $3.4 million - Navy Veteran
- $3.9 million - Auto Mechanic
- $1.48 million - Pipefitter
Ohio *2 years
- $3.3 million - Pipefitter
- $2.95 million - Army Veteran
- $1.4 million - Boilermaker
Oklahoma *2 years
The average mesothelioma settlement awards around $1 million.
Oregon *2 years
- $3.69 million - Navy Veteran
- $1.56 million - Army Veteran
- $1.6 million - Electrician
Pennsylvania *2 years
The average mesothelioma settlement awards around $1 million.
Rhode Island *3 years
- $3.4 million - Navy Veteran
- $1.5 million - Mechanic
- $2.1 million - Carpenter
South Carolina *3 years
The average mesothelioma settlement awards around $1 million.
South Dakota *3 years
- $3.4 million - Navy Veteran
- $1.57 million - Mechanic
- $2 million - Laborer
Tennessee *1 years
- $1.48 million - Pipefitter
- $2.35 million - Navy veteran
- $1.57 million - Mechanic
Texas *2 years
The average mesothelioma settlement awards around $1 million.
Utah *4 years
- $3.9 million - Auto Mechanic
- $1.54 million - Custodian
- $2.56 million - Navy Veteran
Vermont *3 years
The average mesothelioma settlement awards around $1 million.
Virginia *2 years
The average mesothelioma settlement awards around $1 million.
Washington *3 years
- $3.64 million - Welder
- $2.5 million - Mechanic
- $2.36 million - X-ray tech
Washington, D.C. *3 years
The average mesothelioma settlement awards around $1 million.
West Virginia *2 years
- $1.48 million - Pipefitter
- $3.4 million - Navy Veteran
- $3.9 million - Auto Mechanic
Wisconsin *3 years
The average mesothelioma settlement awards around $1 million.
Wyoming *4 years
- $3.4 million - Navy Veteran
- $3.9 million - Auto Mechanic
- $2.73 million - Air Force Veteran
The mesothelioma lawsuit statutes of limitations listed above are subject to change. You should work with a mesothelioma lawyer to navigate the deadlines in your state and ensure your claim is filed in a timely manner.
Even if you think the statute of limitations has expired for your situation, you should still contact an experienced mesothelioma attorney. You may be able to file in another state or seek other types of financial compensation.
Keep reading to learn where to file your mesothelioma claim for the best results.
Where Should I File My Asbestos Claim?
Where you file your asbestos lawsuit is one of the most important decisions you will make with regard to your case. The filing location can impact whether your claim is successful and, if it is, the amount of any payouts you receive.
You may have several options as to where to file your mesothelioma lawsuit — even if the statute of limitations in the state where you live has already passed.
You may be able to file your mesothelioma lawsuit in:
- The state where you live
- State(s) where you lived in the past
- State(s) where your asbestos exposure occurred
- State(s) where the companies responsible for your asbestos exposure are based
- State(s) where those companies operated or conducted business in the past
A mesothelioma law firm can review the facts of your case and offer guidance on where you should file for the best outcome.
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
Besides different states having different statutes of limitations, several other factors can affect a mesothelioma statute of limitations.
These factors include:
- Claim type (personal injury or wrongful death)
- Date of mesothelioma diagnosis (personal injury) or date of death (wrongful death)
- Where you live
- Where your asbestos exposure occurred
- Where the asbestos companies to blame for your exposure are located
- Whether you have more than one asbestos-related disease
Some circumstances may allow you more time to file a mesothelioma lawsuit.
An asbestos lawyer can review the facts of your case, explain the mesothelioma statute of limitations, and note any exceptions that may apply.
Call (866) 608-8933 for a free case evaluation before the mesothelioma statute of limitations expires and you lose your opportunity to pursue compensation.
Other Options If the Statute of Limitations on Asbestos Claims Expires
If you suspect your state’s mesothelioma statute of limitations has expired, don’t be discouraged. There may be other ways to pursue compensation for you and your family.
Some other options to explore include:
- Asbestos trust funds: Bankrupt asbestos product manufacturers were court-ordered to put money aside to pay people who got sick from their products. Currently, more than $30 billion is available in these trusts. Asbestos trust fund claim deadlines differ from mesothelioma lawsuit statutes of limitations and may be longer sometimes.
- Filing an asbestos claim in another state: In many cases, asbestos victims can file a claim in a state other than where they currently live.
- Mesothelioma statute of limitations exceptions: Certain asbestos exposure victims may qualify for extensions to, or exceptions from, the Mesothelioma statute of limitations.
- Veterans Assistance (VA) benefits: U.S. military veterans with an asbestos-related disease may qualify for VA benefits and health care.
We can help you investigate all potential avenues of compensation. To get started, determine if you qualify to access asbestos trust fund compensation right now.
Work With a Mesothelioma Lawyer to File Your Claim in Time
The only way to ensure your claim is filed correctly and within the appropriate mesothelioma statute of limitations is to work with an experienced lawyer.
An asbestos attorney can file a mesothelioma claim on your behalf without burdening you with the stress of the legal process.
Mesothelioma law firms have the resources to file your case before the deadline and fight for the compensation your family needs and deserves.
If you or a loved one have been diagnosed with mesothelioma, take action as soon as possible. Otherwise, you could lose your ability to file a claim forever.
Don’t wait — get your free consultation today.
Mesothelioma Statute of Limitations FAQs
Is there a time limitation for mesothelioma cases?
Yes. Each state has its own time limit, or statute of limitations, for mesothelioma claims. It is important to check the statute of limitations in your state and work with an experienced mesothelioma attorney to ensure your lawsuit is filed before this window closes.
Even if you believe your claim has expired, checking with a mesothelioma attorney is in your best interest. They may be able to file your case in another state or pursue mesothelioma 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.
How long do you have to make an asbestos claim?
How long you have to make an asbestos claim depends on various factors, including the state you plan to file and the type of claim.
Asbestos personal injury and wrong 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.
