Medically Reviewed by: Sara M. Salger | August 16th, 2024
The statute of limitations defines the length of time victims and their families have to file certain types of lawsuits. For asbestos-related cases such as personal injury and wrongful death lawsuits, the average time limit is three years from the date of discovery. More than one state’s statute of limitations may apply to your case. The relatively short amount of time generally requires people to speak with an experienced mesothelioma attorney as soon as possible, to begin preparing the correct documents for court.
Reviewed by Sara M. Salger August 28th, 2024
A mesothelioma statute of limitations sets a strict deadline for filing a lawsuit related to asbestos exposure, whether that be on the job or unknowingly. If you have been exposed to asbestos exposure, you may have heard from commercials and radio that you could be eligible for compensation paid out from companies that failed to protect their employees or knowingly used products with asbestos. However, just because you were exposed while on the job or secondhand doesn’t mean you can file a claim whenever you want to. In fact, there is a legal deadline for filing a lawsuit, which is known as the statute of limitations. Missing this deadline can severely limit your ability to seek compensation. In this article, we will go further into each type and provide information and legal resources on how the mesothelioma statute of limitations might affect you.
Two main types of asbestos lawsuits affected by statutes of limitations are personal injury lawsuits and wrongful death cases. Living victims file personal injury lawsuits and are typically governed by the date of diagnosis of the asbestos-related illness. Wrongful death lawsuits are filed by family members after a loved one’s death from an asbestos-related illness and are usually governed by the date of death. The timeframe for these lawsuits varies by state, with the average being three years.
To best answer this question, first, you need to know the specifics of your exposure and health status. Consulting an experienced asbestos lawyer offers several advantages, especially in navigating the statute of limitations, which varies by state. For example, Illinois may have different limitations than Missouri. An experienced mesothelioma attorney can guide you through this legal process and make sure you meet all requirements to file within the appropriate timeframe. Many states follow the “discovery rule,” meaning the statute of limitations clock doesn’t begin until you are diagnosed and know or should have known the illness is linked to asbestos exposure. An attorney can clarify how this rule applies to your situation.
Asbestos litigation is best left to the professionals, particularly when identifying the companies responsible for it. A skilled lawyer with experience in the courtroom and with handling hundreds of similar cases is what makes all the difference in compensation amounts. Many asbestos attorneys work on a contingency basis, meaning they only get paid if you win your case, eliminating upfront legal costs. Some lawyers may even travel to meet with you. Due to the relatively short statute of limitations for asbestos lawsuits, contacting a qualified mesothelioma lawyer as soon as possible is highly recommended. They can assess your case, explain your legal options, and ensure you meet all deadlines to pursue the compensation you may be entitled to.
Each state has its own legal statutes of limitations for personal injury and wrongful death cases. When dealing with mesothelioma cases, it’s possible to file in multiple states if exposure happens in multiple states. Again, an experienced lawyer can be extremely helpful in facilitating your lawsuit filing.
The list below provides rough time frames for both personal injury and wrongful death cases by state. You should consult an attorney for the most up-to-date information. An attorney will also be able to assist you in determining where to file. States that you’ve lived or worked in and even states where the company responsible for your exposure was located can all factor into where you should file.
| Location (state) | Personal injury (years) | Wrongful death (years) |
|---|---|---|
| Alabama | 2 | 2 |
| Alaska | 2 | 2 |
| Arizona | 2 | 2 |
| Arkansas | 3 | 3 |
| California | 1 | 1 |
| Colorado | 2 | 2 |
| Connecticut | 3 | 3 |
| Delaware | 2 | 2 |
| Florida | 4 | 2 |
| Georgia | 2 | 2 |
| Hawaii | 2 | 2 |
| Idaho | 2 | 2 |
| Illinois | 2 | 2 |
| Indiana | 2 | 2 |
| Iowa | 2 | 2 |
| Kansas | 2 | 2 |
| Kentucky | 1 | 1 |
| Louisiana | 1 | 1 |
| Maine | 6 | 2 |
| Maryland | 3 | 3 |
| Massachusetts | 3 | 3 |
| Michigan | 3 | 3 |
| Minnesota | 4 | 3 |
| Mississippi | 3 | 3 |
| Missouri | 5 | 3 |
| Montana | 3 | 3 |
| Nebraska | 4 | 2 |
| Nevada | 2 | 2 |
| New Hampshire | 3 | 3 |
| New Jersey | 2 | 2 |
| New Mexico | 3 | 3 |
| New York | 3 | 2 |
| North Carolina | 3 | 2 |
| North Dakota | 6 | 2 |
| Ohio | 2 | 2 |
| Oklahoma | 2 | 2 |
| Oregon | 3 | 3 |
| Pennsylvania | 2 | 2 |
| Rhode Island | 3 | 3 |
| South Carolina | 3 | 3 |
| South Dakota | 3 | 3 |
| Tennessee | 1 | 1 |
| Texas | 2 | 2 |
| Utah | 3 | 2 |
| Vermont | 3 | 2 |
| Virginia | 2 | 2 |
| Washington | 3 | 3 |
| Washington D.C. | 3 | 1 |
| West Virginia | 2 | 2 |
| Wisconsin | 3 | 3 |
| Wyoming | 4 | 2 |
Inhaling asbestos fibers can become lodged in the lungs, often leading to mesothelioma decades later. This long latency period presents a unique challenge when pursuing legal compensation through a personal injury lawsuit. Fortunately, the legal system acknowledges this difficulty through statutes of limitations, which vary by state. Each state has its own specific statute of limitations for filing a mesothelioma-related lawsuit, typically starting from the date of injury. However, the “injury” might not be apparent in asbestos cases for many years.
As we said earlier, many states have adopted the “discovery rule”, which delays the start of the statute of limitations clock until the date of diagnosis or when the plaintiff knew or should have known their illness was linked to asbestos exposure. This provides much-needed time for those exposed to asbestos who contracted a disease or related illness to gather evidence and seek legal counsel.
While no amount of financial compensation can replace someone who passed wrongfully, a wrongful death lawsuit can provide some financial stability for your family as long as it’s filed within the statute of limitations. Identifying the responsible parties in wrongful death lawsuits can be challenging due to uncertain exposure histories. An experienced asbestos lawyer can analyze employment records, military service, and environmental factors to pinpoint intricacies and liable parties.
With expertise in complex legal structures, these lawyers handle inquiries, manage tasks, and calculate fair compensation for matters involving multiple corporations or trust funds. A qualified mesothelioma lawyer will provide both legal expertise and compassionate support, ensuring you secure the justice and financial security your family deserves.
Since it was discovered that prolonged exposure to the asbestos mineral causes cancer and other diseases, patients and their family members began bringing lawsuits against asbestos companies. As a result, many of these companies filed for Chapter 11 bankruptcy. In these cases, federal courts required the companies to establish trust funds in order to provide compensation to victims of mesothelioma and other asbestos-related diseases. These trusts currently amount to more than $37 million.
Because asbestos trust funds are established under federal bankruptcy law, the state laws governing statutes of limitations for lawsuits against still-existing asbestos companies do not apply to claims filed against trust funds. Instead, the timeframe for filing a trust claim is determined on a case-by-case basis and depends on some factors. Because of this, people with mesothelioma and their families are eligible to file claims against multiple companies often choose to pursue lawsuits against any still-existing companies first, as those are the most time-sensitive cases.
It is highly encouraged that you work with a specialized asbestos lawyer when taking legal action in these types of cases. Your lawyer will ensure you and your family are protected, and your chances of successfully pursuing a lawsuit and/or trust fund claim are significantly higher. If you or someone you know has been diagnosed with mesothelioma, you may be eligible for compensation. Because of the statute of limitations, it’s important to speak with an asbestos lawyer as soon as possible. Fill out a free case evaluation to connect with a leading litigation lawyer.
Our team of authors collaborates with the advocate team, focusing on writing about asbestos exposure and mesothelioma to spread awareness. They are dedicated to supporting families within the mesothelioma community.
Sara M. Salger is a dedicated advocate for individuals affected by asbestos exposure and serves as a Managing Partner at the Gori Law Firm and a legal content reviewer at Mesothelioma Hub. She graduated cum laude with her undergraduate degree from Southern Illinois University Edwardsville and received her J.D. from Saint Louis University School of Law, where she also obtained an International Law Certificate and specialized in litigation. During law school, Sara broadened her legal perspective by studying abroad at Università Cà Foscari di Venezia in Venice, Italy, and University College Cork in Cork, Ireland. Throughout her legal career, Sara has focused on representing victims of asbestos exposure who have been diagnosed with mesothelioma.
Sara also represents people with lung cancer resulting from negligence and handles complex benzene litigation and personal injury claims. Since joining The Gori Law Firm at its inception and becoming a Partner in 2016, she has been licensed to practice law in Illinois and Missouri. Sara’s dedication to her clients and field has earned her numerous accolades, including being named one of the Top 10 Asbestos/Mesothelioma Trial Lawyers by The National Trial Lawyers in 2021.
The American Law Institute.. (1977). Products Liability. Retrieved on July 17, 2019, from https://biotech.law.lsu.edu/cases/products/402a-b.htm
Carroll, Stephen J; et al. (2005). Asbestos Litigation. Retrieved on July 17, 2019, from https://www.rand.org/content/dam/rand/pubs/monographs/2005/RAND_MG162.sum.pdf
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Dixon, Lloyd; McGovern, Geoffrey; Coombe, Amy. (2010). Asbestos Bankruptcy Trusts. Retrieved on July 17, 2019, from https://www.rand.org/content/dam/rand/pubs/technical_reports/2010/RAND_TR872.pdf
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