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Mesothelioma Statutes of Limitations by State

Mesothelioma Statutes of Limitations by State

Mesothelioma Statutes of Limitations by State

Mesothelioma statute of limitations refers to the timeframe from diagnosis or in some instances death that a mesothelioma patient or their family has to file a legal claim for compensation. Statutes of limitations vary in each State. An experienced GPW mesothelioma lawyer can advise you regarding the statute of limitations in your particular case and insure that your legal right to file a claim against the responsible asbestos products manufacturers in preserved.

How Long Do You Have to File a Claim?

Statue of limitation is a law which allows you to file a claim within a specific time frame. The timeline may start with the patient diagnose or from the death of the patient. The total time limit is usually between 1 to 3 years but it varies by state.

Factors Affecting How Long You Have to File

Location

Important factors to determine the Statute of Limitations in your particular case include: State in which your exposure occurred; your State of residence; and location of the responsible asbestos manufacturer. The first factor is the location of the company responsible for your exposure. Moreover, the residence of the victim and where it happened are all the factors in how long the claimant has to file a case. The location of where you or a loved one were exposed and what company they worked at is another factor in how to file a mesothelioma claim.

Type of Case

The statute of limitations for a mesothelioma claim usually starts with the diagnosis of the patient. The law on how long you have after diagnosis or death of a loved one varies by state. In some states, the trigger date to begin the statute of limitation depends on different factors. For example, if the patient has already passed away then the statute of limitation for a spouse and family member to file a wrongful death claim will be different. A mesothelioma claim time limit is a law called mesothelioma statute of limitation and this varies by state. Mesothelioma claim time limits are tricky to understand.

Statue of Limitation by State

Every state has its own statute of limitation for mesothelioma case. If the statute of limitation in one state has run out, then you can file the case in another state where the time is different if the asbestos exposure occurred in multiple states.

The table below shows some general information on statutes of limitations in each State. This is only a general list and the specific factors in your case must be reviewed by an experienced lawyer to determine the Statute of Limitations on filing a mesothelioma claim in your individual case. Please contact GPW today to speak with a top mesothelioma lawyer who can calculate the statute of limitations in your specific circumstance for you.

Location (State) Personal Injury (Years) Wrongful Death (years)
Alabama 2 2
Alaska 2 2
Arizona 2 2
Arkansas 3 3
California 1 1
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 3 3
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 3 3
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

Personal Injury Cases

An asbestos disease patient or the family of a person who passes from asbestos disease can file a personal injury or wrongful death claim against responsible asbestos companies. Asbestosis and asbestos cancer has a long latency period. That means that an asbestos exposed person will not develop diagnosable asbestos disease for many years after exposure to asbestos, often 20 to 40 years or more. Understanding this, the normal time span for filing a mesothelioma claim usually starts when the patient is diagnosed. A mesothelioma claim time limit is a law called mesothelioma statute of limitation and this varies by state.

The “discovery of harm” rule is what makes the statue of limitations on filing a mesothelioma claim unique compared to most personal injury claims. In most states, the window to file a typical personal injury claim starts at the time of the injury, the window for mesothelioma cases generally begins at diagnosis.

The “discovery of harm” rule allows personal injury cases to be filed within a certain amount of time after a person knew or should have known about his or her injury. Mesothelioma patients typically have no way of discovering that their asbestos exposure would have caused injury for several years after they were exposed. The clock on the statute of limitations for a mesothelioma patient generally begins to run on the day a doctor diagnoses them with mesothelioma.

Wrongful Death Cases

If your loved one passed away from asbestos disease without filing a claim or if he/she filed a personal injury claim which had not yet been resolved and the asbestos disease took his/her life then the family can often proceed with a wrongful death claim against the responsible parties. Determining your rights to a wrongful death claim can be complicated, an experienced GPW mesothelioma lawyer is standing by to assist you. We will charge you no attorney fee unless we recover compensation for your family.

Summary

Mesothelioma statutes of limitations is basically the understanding of the timeframe to be considered to file a complaint due to an asbestos illness or disease such as mesothelioma. It starts at the time of patient’s diagnosis and expires at different times depends on the law of each state. Understanding Mesothelioma statutes of limitations is important if you want to learn how to file a mesothelioma claim. A mesothelioma claim time limit is a law called mesothelioma statute of limitation and this varies by state. Mesothelioma claim time limits are tricky to understand. A GPW mesothelioma lawyer can help you understand Mesothelioma claim time limits.