Mesothelioma Statute of Limitations

When considering whether to file a complaint due to an asbestos-related disability or illness, such as mesothelioma, it is important to understand the timeframe necessary to do so. Unfortunately, it is possible to lose your rights for compensation by waiting too long to submit your lawsuit. In particular, given the long latency period for mesothelioma, the rules surrounding legal deadlines can become somewhat complicated.

Statute of Limitations Types

Each state has its own deadline – called a personal injury statute of limitations – during which victims of asbestos-caused cancer can file a legal action. This means that you only have a limited time to file an asbestos-related lawsuit; if you don’t file in time, you could lose any entitlement to receive money for pain and suffering, lost wages, medical expenses, and other forms of remuneration.

Furthermore, additional considerations can come into play depending on whether mesothelioma victims are filing for themselves, or whether a family member is filing a claim after a loved one has passed away. There are two basic types of statutes covering each situation.

Personal Injury Statutes of Limitations

Personal injury statutes apply to individuals who have recently been diagnosed with mesothelioma. The clock starts ticking once a diagnosis is made, and in some states, like California and Tennessee, the limit can be as short as one year.

In order to meet the appropriate deadlines, it is important to seek a knowledgeable mesothelioma lawyer immediately upon receiving a diagnosis. It can sometimes take months to prepare a lawsuit against the companies responsible for asbestos exposure, and hesitating even a little while can severely limit your legal options.

Wrongful Death Statutes of Limitations                                                                                                                                            Wrongful death statutes are important for the family members of a mesothelioma victim who has passed away. The time for wrongful death statutes starts counting down upon the death of the individual who had mesothelioma.                                             In many states, the statutory limit for wrongful death is the same as for personal injury. However, there are quite a few states, like New York and Florida, where wrongful death statutes of limitations are shorter – sometimes significantly so – than personal injury statutes.

One issue that can delay filing wrongful death claims is that family members may not be aware of where their loved one was exposed to asbestos. It can often take some time to compile a list of former residences, workplaces, and other sites where the deceased individual might have experienced asbestos exposure.

Therefore, if you have a loved one who died due to mesothelioma or another asbestos-related disease, it is important to seek out a qualified asbestos attorney who can help you get started on researching the necessary information immediately.