The statute of limitations is how long patients and families have to file a mesothelioma lawsuit. Deadlines vary by state, but they're usually 1 to 6 years. The clock usually starts when you're diagnosed, not when your asbestos exposure happened. A mesothelioma attorney can help you file on time.
Mesothelioma patients often ask, "what is a statute of limitations?" A statute of limitations is the judicial time clock that you have to file your case before you can't file it anymore. And that time period can vary depending on what state you live in. And once that time expires, you can no longer file a case, and you can no longer receive compensation. And that's why it's so important to get a mesothelioma lawyer involved as soon as you receive your diagnosis.
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Mesothelioma patients often ask, "what is a statute of limitations?" A statute of limitations is the judicial time clock that you have to file your case before you can't file it anymore. And that time period can vary depending on what state you live in. And once that time expires, you can no longer file a case, and you can no longer receive compensation. And that's why it's so important to get a mesothelioma lawyer involved as soon as you receive your diagnosis.
What Is a Mesothelioma Statute of Limitations?
A mesothelioma statute of limitations is a law that sets the maximum amount of time someone can file a mesothelioma lawsuit. The time limit varies in each state and with each type of claim. Importantly, the clock usually doesn’t start when asbestos exposure happened. It starts when a doctor confirms a mesothelioma diagnosis, which can be decades later.
Key Facts About Statute of Limitations
Most state laws allow between 1 and 6 years to file a mesothelioma lawsuit, though some states have shorter windows.
Statutes of limitations can differ between personal injury andwrongful death claims, even within the same state.
Asbestos trust funds also have time limits for when to file, but the trusts themselves set these restrictions rather than state laws.
While the statute of limitations for personal injury claims typically starts at diagnosis, the clock for wrongful death claims usually starts at the loss of a loved one.
A mesothelioma attorney can review your situation, identify any exceptions and advise you on all your available options. Because asbestos exposure often occurred in a different state than where someone lives today, your attorney can determine which state’s statute of limitations applies to your mesothelioma lawsuit. It’s important to speak with a lawyer as soon as possible to get your claim started and filed on time.
Expert Insight
A mesothelioma or asbestos statute of limitations is a prescribed time to file a lawsuit. It’s usually between 1 and 4 years. It’s typically dictated by the state. It starts to run from the time you’re diagnosed with mesothelioma.
Mesothelioma is legally unique because its long latency period makes standard filing deadlines effectively impossible to meet. It can take 20 to 60 years for symptoms to appear after asbestos exposure.
Most courts across the U.S. apply a doctrine called the discovery rule, which delays the start of the filing clock until a doctor confirms a mesothelioma diagnosis. This principle was first established in Borel v. Fibreboard Paper Products Corporation (1973). Most U.S. states now recognize the discovery rule for asbestos-related claims, though the specific trigger point varies by state.
Is My Mesothelioma Claim Within the Statute of Limitations?
Several dozen different factors can affect the statute of limitations for your individual case. The statute of limitations applies to personal injury lawsuits, wrongful death lawsuits and trust fund claims. However, the timeframes may vary for each of these types of legal action.
Statutes of limitations apply to mesothelioma class-action lawsuits. However, while they were once common historically, today they’re rarely part of asbestos litigation.
Statutes of Limitations Per Case Type
Claim Type
When Clock Starts
Typical Window
Personal injury lawsuit
Date of biopsy-confirmed diagnosis
1 to 6 years
Asbestos trust fund claim
Date of diagnosis or death
Varies by trust; confirm with an attorney
Wrongful death lawsuit
Date of death
1 to 3 years
VA benefits claim
No clock; no statute of limitations applies
File any time after diagnosis
In some exceptional cases, the severity of your diagnosis can determine whether you’re eligible for an extension. A qualified mesothelioma attorney can tell you whether your claim is within the statute of limitation or if an extension may apply to your case. They can review your work history, trace where your asbestos exposure occurred and explain all your options for compensation.
Why Begin the Mesothelioma Lawsuit Process Early?
The sooner you file, the faster you and your family can get compensation. An asbestos settlement or jury trial verdict could cover treatment costs and other expenses.
“It’s not just a matter of the statute of limitations,” Samuel Meirowitz, partner at Meirowitz & Wasserberg, told The Mesothelioma Center. “It’s also a matter of where the timing of filing your case puts you in line to get your case heard faster.”
Why should I begin the legal process as soon as possible?
The reason it’s really important to begin the process as soon as possible is because there are time frames by which you have to file cases. There are different time frames depending upon what state you’re in and even aside from statute of limitations purposes, which either allows you or prohibits you from filing a case at all, there are time frames or windows within which filing a case puts you in line to be able to get your case heard faster. So it’s not just a matter of being time barred from filing the case, but it’s also a matter of where your case ends up in the process. Which can be very, very important in terms of the timing.
Why is it important to start the legal process for a mesothelioma case early?
There’s really two primary reasons to start the legal process early. And I think The first one is something that people know a lot about, and that’s the statute of limitations. I think everyone’s heard about a statute of limitations in case they don’t know it is. It’s a prescribed period of time that you have to file a lawsuit. It’s usually between one and four years. It’s typically dictated by state. And in mesothelioma, it starts to run from the time you’re diagnosed. In one to four years, may seem like a lot of time, but if you’ve got a heavy diagnosis like helioma, were you dealing with family issues, emotional issues, health issues, a year can fly by fast. So if you’re in a one year state, You really need to get going quick. You can’t be sitting on your hands. The second reason is one I think that people don’t really consider, but it’s probably just as important. And that is that once you start treatment, your memory gets affected. Specifically with chemotherapy, people have heard of of chemo brain, and it really hurts your memory. And you need your memory. You need to remember where you worked the products you worked around to build the case. So if you wanna go ahead and get a lawyer, you’re not going to be be able to build a case unless you you get going quickly before the chemo really kicks in and starts to affect your memory.
Why are statutes of limitations for mesothelioma so important to a legal case?
Statular limitations is very important, particularly in a mesothelioma case or any kind of case like a mesothelioma case. I encourage people to act as quickly as possible. And part of the reason is you might live in a state with a one year statute limitation. I mean, on the national average, two years, is the average, but that doesn’t even matter because if you live in a one year state, then you only have one year.
Starting the process sooner rather than later affords you and your legal team time to gather evidence. Collecting proof of exposure for a successful mesothelioma claim can become more challenging as time passes.
There are many complexities, exceptions and extensions to mesothelioma statutes of limitations. To understand your options, it’s best to speak with a mesothelioma law firm specializing in this unique area of law.
Percentage of those who contact us for legal assistance that are beyond their statute of limitation.
33%
Filing a Mesothelioma Claim After a Loved One Has Passed
Families who lose a loved one to mesothelioma can generally still pursue a wrongful death claim, even if a personal injury lawsuit was never filed. The deadline to file is separate from any personal injury timeline and usually begins after the loss.
If a personal injury lawsuit had already been filed, the claim often can be converted to a wrongful death claim. The surviving family or estate will then manage the lawsuit. If no lawsuit had been filed, family members may still have time to file depending on the state.
The time after losing someone to mesothelioma is overwhelming, and legal deadlines can quietly pass. Speaking with a mesothelioma attorney soon can help your family understand what options are still available and make sure nothing is missed.
In Which State Should I File My Mesothelioma Lawsuit?
Depending on where asbestos exposure happened, where responsible companies are located and where you’ve lived, you may file in a different state than where you currently live. An experienced asbestos law firm can help determine which state laws apply to your case. You may have the right to file several claims which may have differing filing deadlines.
Factors Affecting Where to File Mesothelioma Claims
Where asbestos exposure happened: The state where exposure occurred is often the best place to file.
Where companies are located: The state where the asbestos product manufacturer is headquartered can also be the right place to file.
Where you live: You may be eligible to file in your current state or another state where you’ve lived.
Veterans exposed to asbestos on a naval vessel, at a shipyard or while deployed overseas often have questions about where to file a mesothelioma claim. A mesothelioma attorney with experience working with veterans can help determine the best place to file. Veterans may also be able to file civil lawsuits against manufacturers while simultaneously applying for VA benefits. Unlike lawsuits, VA benefit claims have no statute of limitations.
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What Are My Options if the Statute of Limitations Passed?
Finding out that the statute of limitations for your mesothelioma lawsuit has expired can be stressful. But your lawyer may be able to help you secure other types of compensation even if you missed the opportunity to file a lawsuit before the deadline, depending on the different companies involved in your asbestos exposure and details of your case.
Possible Options If You Think You’ve Missed Your Deadline
Asbestos trust fund claims: If a company involved in your exposure declared bankruptcy and established a trust fund, you may still have time to file a claim. Trust deadlines are sometimes independent of state statutes of limitations and vary by trust. Your attorney can determine your eligibility and handle the filing.
Legal exceptions and extensions: Some cases qualify for exceptions or extensions, such as cases involving fraudulent concealment by a manufacturer, a recent diagnosis after prolonged misdiagnosis or incapacity at the time the deadline passed.
VA disability benefits: Veterans who developed mesothelioma from military service can file for VA disability compensation at any time. VA benefits claims have no statute of limitations.
Workers’ compensation claims: If asbestos exposure occurred at work, you may be eligible for workers’ compensation benefits, which can have different filing rules and deadlines than other types of lawsuits.
If you think your deadline has passed, speak with a mesothelioma attorney as soon as possible. There may still be options available to you.
A Patient Advocate can also assist you with other types of financial support. Our VA-accredited claims agents guide veterans through the VA benefits application process, which doesn’t have a statute of limitations. We can also help you apply for Social Security benefits, secure travel grants for mesothelioma treatment and work through your health insurance options.
Expert Insight
If the statute of limitations runs out in one state, there may be opportunities to file in another state. An attorney helps with that.
A Patient Advocate can also assist you with other types of financial support. Our VA-accredited claims agents offer support to veterans throughout the process of applying for Department of Veterans Affairs benefits, which don’t have a statute of limitations. We can also guide you through the Social Security benefits application process, obtaining grants to cover travel to and from mesothelioma treatment and navigating your health insurance to cover therapies.
Common Questions About the Statute of Limitations on Mesothelioma Claims
What is a statute of limitations?
A statute of limitations is the deadline someone has to file a lawsuit or claim. In mesothelioma cases, this deadline is typically 1 to 6 years depending on the state and claim type, and the clock usually starts at diagnosis rather than at the time of asbestos exposure.
As Carl Money, mesothelioma attorney at Nemeroff Law Firm, explains: “A statute of limitations is a period of time in which a lawsuit or claim must be brought before the right is extinguished.”
When does the statute of limitations start on an asbestos case?
The statute of limitations on an asbestos case generally starts on the date of diagnosis, not when asbestos exposure occurred. Depending on the state, you usually have anywhere from 1 to 6 years from the date of diagnosis or date of death to file a lawsuit. Trust fund deadlines vary significantly, as each trust establishes its own rules and filing requirements independently of state law. Consult an attorney to confirm the specific deadline for each trust involved in your case.
As Carl Money, mesothelioma attorney at Nemeroff Law Firm, adds: “The statute of limitations on an asbestos case generally starts on the date in which you knew or should have known that your injuries or death were caused by asbestos.”
Can a claim be filed in another state if the statute of limitations has expired?
In some cases. Asbestos exposure often occurred across multiple states, so a claim may be viable in any state where exposure took place or where a defendant company is headquartered. An experienced mesothelioma attorney can review your case and determine where to file.
As Carl Money, mesothelioma attorney at Nemeroff Law Firm, adds: “Generally, a claim can be filed in any state where the person was exposed to asbestos.”
Can the statute of limitations be extended?
Yes, in some cases. A deadline may be extended if a manufacturer hid the dangers of asbestos from the public, if illness made it impossible to file in time or if the connection between asbestos exposure and a diagnosis wasn’t clear until recently. An experienced mesothelioma attorney can review your situation and let you know if any exceptions apply.
Do asbestos trust funds have their own deadlines?
Yes. Each asbestos trust fund establishes its own filing rules and time limits, which are usually independent of state law. These deadlines can vary significantly, so it’s important to consult with a qualified attorney to ensure your claim is filed before the trust’s specific deadline expires.
What is the statute of limitations for a mesothelioma wrongful death claim?
The statute of limitations for a mesothelioma wrongful death claim typically starts on the date of the patient’s death, not the date of their original diagnosis. This deadline is often independent of the personal injury statute of limitations, and family members may be able to file even if the person diagnosed never filed a personal injury claim. Depending on the state, families generally have 1 to 3 years from the date of death to file.
Does the statute of limitations apply to VA claims for mesothelioma?
No. There’s no statute of limitations for VA disability benefits claims related to mesothelioma. Veterans can file at any time after a diagnosis, regardless of when exposure occurred. VA benefits are separate from civil lawsuits and veterans can pursue both at the same time.
What happens to my mesothelioma lawsuit if I die before it’s resolved?
If a person diagnosed with mesothelioma dies before their lawsuit resolves, the claim typically continues as a survival action that the estate manages. If no lawsuit had been filed before death, surviving family members may file a wrongful death claim within that state’s wrongful death statute of limitations. Consulting an attorney as soon as possible after a mesothelioma death is important as both claims have independent deadlines.
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Joe Lahav is a lawyer and legal advisor at The Mesothelioma Center, where he also served as a Patient Advocate for seven years. Joe lost his mother to cancer and understands the emotional toll mesothelioma can have on families.
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