Mesothelioma Statute of Limitations 

The mesothelioma statute of limitations establishes a deadline for filing an asbestos-related claim. The statute of limitations on a mesothelioma claim begins after a person is diagnosed in a personal injury matter, or at the time of death in a wrongful death lawsuit.

These time limits are typically one to four years, but some can reach up to six years, depending upon the state of the patient’s residence and the type of claim being pursued. A mesothelioma lawyer can explain the statute of limitations that applies in your case.

What Is a Mesothelioma Statute of Limitations?

Statutes of limitations limit the amount of time a person can wait to file a lawsuit. There are deadlines for personal injury claims as well as wrongful death claims, which are as follows:

• Personal injury statute of limitations – a deadline for personal injury claims made due to a mesothelioma diagnosis.
• Wrongful death statute of limitations – a deadline for a family member to file a claim after the death of a loved one from an asbestos-related disease.

A statute of limitations also applies to class action lawsuits (these actions are rare in asbestos cases), as well as mesothelioma trust claims. 

While there are some exceptions, individuals will be barred from filing an asbestos claim if they wait too long after the statute of limitations period begins. 

Asbestos victims and loved ones should file a claim as soon as possible following a mesothelioma diagnosis or death. 

A mesothelioma attorney can advise you of the statute of limitations in your case to pursue a mesothelioma settlement. 

Personal Injury Statutes of Limitations

The deadline for pursuing a personal injury case begins when a person is diagnosed with an asbestos-related disease. This could be many years following exposure due to the long latency period of mesothelioma cancer.

In other words, a mesothelioma patient may not start experiencing symptoms until ten to fifty years following their asbestos exposure. This lapse in time does not affect a person’s eligibility to file a claim. 

An individual cannot file a personal injury lawsuit without a medical diagnosis. If a person files a claim prematurely to avoid missing the statute of limitations deadline, their claim may not be successful.

Wrongful Death Statutes of Limitations

The deadline for filing a wrongful death claim begins when a person has died from mesothelioma or another type of asbestos-related disease. Surviving family members can pursue a wrongful death action against an asbestos company that caused the death of their loved one. 

To file a wrongful death claim, an eligible family member must provide the court with certain evidence of asbestos exposure, proof of an asbestos-related diagnosis, and a death certificate.

Statute of Limitations for Other Types of Asbestos Exposure Claims

Claimants may choose to pursue a trust fund award, a mesothelioma lawsuit, or even a Veterans Affairs (VA) claim, if applicable. The deadlines for filing each of these claims vary. 

For instance, asbestos trust funds typically have individual deadlines. Those who wish to pursue an asbestos exposure claim should discuss the timeframes of each type of claim with a qualified asbestos attorney.

Does My Asbestos Claim Fall Within the Statute of Limitations?

Several factors can affect the statute of limitations that apply to your asbestos-related claim.  

A seasoned law firm can assist you in determining which state laws apply in your case and whether you qualify to file multiple claims under a different statute of limitations.

Factors That Affect The Statute of Limitations in Your Case

Some of the factors that may affect your asbestos claim include the following:

• Claim type – different limitations apply to various types of claims. For example, a statute of limitations on an asbestos trust fund may be different from a personal injury claim.
• Location – you may be eligible to file in the state where you currently reside or another state where you previously lived.
• When and where you were exposed to asbestos – the state that you live in may be the best place to file a claim. Moreover, the date when your exposure started and ended may affect the statute of limitations that applies to your claim.
• Company location – sometimes the best place to file your claim is the state where the company responsible for your asbestos exposure is located.
• Timing of diagnosis or death – The date of your mesothelioma diagnosis or the death of a loved one is one of the key factors that affect the statute of limitations in your case.
• The degree of severity –  in some instances, an extension may be provided to an asbestos victim under the severity of their diagnosis and how far along their illness has progressed.

There are several exceptions, complexities, and extensions of mesothelioma statutes of limitations. As such, you need to contact a mesothelioma law firm that focuses specifically on this unique area of law to better understand your legal rights and options.  

A mesothelioma attorney can review your case to determine which factors that may apply to your claim.

Which State is the Best Place to File My Claim?

The best state to file your claim depends upon several different factors, such as:

• Your current and former place of residence 
• The Job site or military base where you were exposed to asbestos
• The current location of the company that exposed you to asbestos
• The previous location of the company that caused your asbestos exposure

It is important to discuss your case with an experienced mesothelioma attorney, as they can trace where you were exposed to asbestos, evaluate your work history, and review all of your options for seeking compensation. 

Even if you believe that you have a significant amount of time left to file a lawsuit, you should pursue your claim as soon as possible. Collecting enough evidence to file a successful claim will only become more challenging as time progresses. As such, the sooner you file, the faster you and your loved ones can pursue compensation to cover your costs of treatment and other expenses. 

While the statute of limitations may run out in one state, there may be opportunities to file a claim elsewhere. 

A skilled mesothelioma attorney can help you determine the statute of limitations that applies in your case.

Statute of Limitations for Mesothelioma by State

Each state has its statute of limitations for asbestos-related claims. The following is a list of time limits to file an asbestos claim in each state. 

State	Personal Injury	Wrongful Death
Alabama	2 years from diagnosis	2 years from death
Alaska	2 years from diagnosis	2 years from death
Arizona	2 years from diagnosis	2 years from death
Arkansas	3 years from diagnosis	3 years from death
California	1 year from diagnosis	1 year from death
Colorado	2 years from diagnosis	2 years from death
Connecticut	3 years from diagnosis	3 years from death
Delaware	2 years from diagnosis	2 years from death
Florida	4 years from diagnosis	2 years from death
Georgia	2 years from diagnosis	2 years from death
Hawaii	2 years from diagnosis	2 years from death
Idaho	2 years from diagnosis	2 years from death
Illinois	2 years from diagnosis	2 years from death
Indiana	2 years from diagnosis	2 years from death
Iowa	2 years from diagnosis	2 years from death
Kansas	2 years from diagnosis	2 years from death
Kentucky	1 year from diagnosis	1 year from death
Louisiana	1 year from diagnosis	1 year from death
Maine	6 years from diagnosis	2 years from death
Maryland	3 years from diagnosis	3 years from death
Massachusetts	3 years from diagnosis	3 years from death
Michigan	3 years from diagnosis	3 years from death
Minnesota	4 years from diagnosis	3 years from death
Mississippi	3 years from diagnosis	3 years from death
Missouri	5 years from diagnosis	3 years from death
Montana	3 years from diagnosis	3 years from death
Nebraska	4 years from diagnosis	2 years from death
Nevada	2 years from diagnosis	2 years from death
New Hampshire	3 years from diagnosis	3 years from death
New Jersey	2 years from diagnosis	2 years from death
New Mexico	3 years from diagnosis	3 years from death
New York	3 years from diagnosis	2 years from death
North Carolina	3 years from diagnosis	2 years from death
North Dakota	6 years from diagnosis	2 years from death
Ohio	2 years from diagnosis	2 years from death
Oklahoma	2 years from diagnosis	2 years from death
Oregon	3 years from diagnosis	3 years from death
Pennsylvania	2 years from diagnosis	2 years from death
Rhode Island	3 years from diagnosis	3 years from death
South Carolina	3 years from diagnosis	3 years from death
South Dakota	3 years from diagnosis	3 years from death
Tennessee	1 year from diagnosis	1 year from death
Texas	2 years from diagnosis	2 years from death
Utah	3 years from diagnosis	2 years from death
Vermont	3 years from diagnosis	2 years from death
Virginia	2 years from diagnosis	2 years from death
Washington	3 years from diagnosis	3 years from death
Washington, D.C.	3 years from diagnosis	2 years from death
West Virginia	2 years from diagnosis	2 years from death
Wisconsin	3 years from diagnosis	3 years from death
Wyoming	4 years from diagnosis	2 years from death

Special Note: Inactive Dockets and Pleural Registries

Some states have what are known as inactive dockets or pleural registries. 

Inactive dockets allow asbestos victims to file within the mesothelioma statute of limitations even if they have not developed a symptomatic asbestos-related disease. 

However, the processing and resolution of these claims are delayed until the person’s asbestos-related disease has progressed.

These dockets ensure that claimants don’t miss their eligibility deadline. They also prevent unwarranted or vague claims from being prematurely filed.

Asbestos Claims and the Discovery Rule 

The “discovery rule” refers to when the statute of limitations begins in an asbestos-related case. Generally speaking, the statute of limitations “clock” begins when the injury takes place, but not in asbestos exposure cases.  

In 1973, the landmark United States Court of Appeals for the Fifth Circuit case of Borel v. Fibreboard addressed the challenges of applying the traditional rule in asbestos cases. 

Specifically, the Borel Court highlighted the difficulties of determining in retrospect the exact time asbestos-related injuries took place. Following this case, courts now apply the “discovery rule” to asbestos cases.   

In the Borel case, the court referred several personal injury cases involving exposure to dangerous substances. These cases ruled that the cause of action did not accrue (specifically, the statute of limitations “clock” did not begin to tick) until “the effects of such exposure manifest themselves.” The court determined that the rule was also applicable in asbestos personal injury cases.

Following the Borel case, a court in Illinois later advised in an asbestos case that was filed against Johns Manville: “The cause of action accrues when the plaintiff knows or reasonably should know of an injury and also knows or reasonably should know when the injury was caused by the wrongful acts of another.”

Today, the statute of limitations generally begins when a person is diagnosed with an asbestos-related illness for personal injury claims and at the time of death for wrongful death lawsuits. The Borel case is important because it was the first court to hold asbestos manufacturers responsible for injuries associated with asbestos exposure.

Since the discovery rule was applied to asbestos claims in Borel, it has been applied to all asbestos-related lawsuits. Mesothelioma attorneys can help victims determine how this applies to their cases to ensure monetary compensation eligibility.

What Should I Do If I Missed the Deadline to File an Asbestos Claim?

If the statute of limitations has passed for an asbestos-related claim, other options may exist to obtain compensation. Moreover, there may be instances in which a deadline has passed but the asbestos victim can still file a claim. 

For instance, special circumstances may exist if a person has multiple diagnoses. Specifically, an individual may be diagnosed with a minor asymptomatic condition related to their exposure to asbestos. Following this initial diagnosis, they may then develop mesothelioma, lung cancer, or another long-latency illness several years after their asbestos exposure. The timeline to file an asbestos claim may then apply to their secondary diagnosis.

Because statutes of limitations are complicated and vary by state, the best recommendation is to speak with a qualified asbestos attorney who can advise you as to the best course of action in your case.

Keep in mind that an asbestos lawyer can also provide additional information and assistance in seeking other types of compensation such as disability insurance claims, VA benefits, and health insurance claims.  

Common Questions About the Statute of Limitations for Mesothelioma