Mesothelioma Statute of Limitations

A mesothelioma statute of limitations is the amount of time that you have to sue for an asbestos-related disease. The statute of limitations for a mesothelioma personal injury claim typically starts when an asbestos victim receives a mesothelioma diagnosis. The window to file an asbestos claim is usually between 2-4 years depending on the state.

Written and Fact-Checked by: Laura Wright

What Are Mesothelioma Statutes of Limitations?

A mesothelioma statute of limitations is a law that sets a time limit on how long a mesothelioma victim or their loved one has to file a claim.

The statute of limitations on mesothelioma differs from typical personal injury claims and follows something known as the “discovery rule.”

A lawyer discusses the mesothelioma statute of limitations with her clients

Mesothelioma is a fatal disease caused by asbestos exposure that has a latency period of 10-50 years. This means that asbestos victims may not show any symptoms until decades after their initial exposure.

Because of this, mesothelioma case timelines begin on the date of mesothelioma diagnosis instead of on the date the person was exposed to asbestos.

What Is the Statute of Limitations on Mesothelioma Claims?

The statute of limitations on mesothelioma claims varies by state and can be affected by local laws. In most states, the asbestos statute of limitations is between 2-4 years.

Quick Facts About Mesothelioma Statute of Limitations
  • The clock starts ticking on the day the asbestos victim is diagnosed with mesothelioma or another asbestos-related disease.
  • Currently, the shortest mesothelioma statute of limitations is 1 year. California, Kentucky, Louisiana, and Tennessee have a 1-year mesothelioma statute of limitations.
  • Currently, the longest mesothelioma statute of limitations is 6 years. Maine and North Dakota have a 6-year mesothelioma statute of limitations.
  • There are some exceptions that can extend a statute of limitations.

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Mesothelioma Statutes of Limitations by State

Statutes of limitations on mesothelioma claims vary depending on the state and the specifics of each case. There are separate mesothelioma statutes of limitations for personal injury lawsuits and wrongful death claims.

The time limit for filing a mesothelioma lawsuit is not always the same as the deadline for filing a mesothelioma wrongful death suit.

To find out the mesothelioma statute of limitations in your state, use the drop-down menu below.

The mesothelioma lawsuit statutes of limitations listed above are subject to change. Claimants should work with a mesothelioma lawyer to navigate the deadlines in their state and ensure their claim is filed in a timely manner.

Even if you think that the statute of limitation has expired in your case, an experienced mesothelioma attorney may be able to find a way for you to pursue compensation through asbestos trust funds or other sources.

Did You Know?

Not all mesothelioma cases are filed in the state in which the mesothelioma patient lives. Asbestos lawsuits are sometimes filed in the state in which the manufacturer of the asbestos-containing product(s) is headquartered or where the asbestos exposure occurred.

An experienced mesothelioma attorney can help you select the best venue for your asbestos claim. Get a free legal consultation today.

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Work With a Mesothelioma Lawyer to File Your Claim

The best and only way to make sure your claim is filed correctly and within a state’s mesothelioma lawsuit 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 and personnel needed to file your mesothelioma claim within the statute of limitations and handle your case from start to finish.

Your mesothelioma attorney will ensure your claim is as strong as possible to help your family get the compensation you need and deserve.

If you or a loved one have been diagnosed with mesothelioma, take action as soon as possible. It is critical to remember that you may lose your right to sue and collect compensation forever if you miss the deadline to file your claim.

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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 that your claim has expired, it’s in your best interest to check with a mesothelioma attorney. They may be able to file your case in another state or access mesothelioma compensation from other sources.

What is the average settlement for mesothelioma victims?

The average settlement for mesothelioma victims is around $1 million. Settlement amounts can vary depending on your specific case.

It is important to remember if you do not file your lawsuit within the mesothelioma statute of limitation, you will lose your right to get compensation forever.

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 that specializes in asbestos litigation to see if you are eligible to file.

How long do mesothelioma claims take?

The settlement payout timeline varies by case. However, many mesothelioma patients have started to get compensation from their claims in 90 days or less. While it may take a year or more to completely resolve your case, you and your family may still receive payouts throughout this time.

Remember: You cannot get any compensation if the statute of limitations has passed in your case. It is crucial to file an asbestos lawsuit as soon as possible to avoid losing out on money you may be entitled to.

Written by:

Lead Editor

Laura Wright is a journalist and content strategist with more than 14 years of professional experience. She attended college at the University of Florida, graduating magna cum laude with a bachelor’s degree in journalism in 2008. Her writing has been featured in The Gainesville Sun and other regional publications throughout Florida.

6 References
  1. 650. length of limitations period. The United States Department of Justice. (2020, January 22). Retrieved December 28, 2022, from https://www.justice.gov/usam/criminal-resource-manual-650-length-limitations-period.

  2. Akhbari, K. (2018, June 27). Personal injury statute of limitations by State. LegalMatch Law Library. Retrieved December 28, 2022, from https://www.legalmatch.com/law-library/article/statute-of-limitations-by-state.html.

  3. Bostwick, H. (2022, May 2). What are statutes of limitations? LegalZoom. Retrieved December 28, 2022, from https://www.legalzoom.com/articles/what-are-statutes-of-limitations.

  4. Details on state civil statute of Limitations. Findlaw. (2018, December 4). Retrieved December 28, 2022, from http://statelaws.findlaw.com/accident-and-injury-laws/details-on-state-civil-statute-of-limitations.html.

  5. Goguen, D. (2020, August 19). What’s the deadline to file a personal injury lawsuit? www.alllaw.com. Retrieved December 28, 2022, from https://www.alllaw.com/articles/nolo/personal-injury/deadlines-file-lawsuit.html.

  6. Time Limits to bring a case: The ‘statute of Limitations’. Findlaw. (2022, December 22). Retrieved December 28, 2022, from http://injury.findlaw.com/accident-injury-law/time-limits-to-bring-a-case-the-statute-of-limitations.html.

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