Mesothelioma Statute of Limitations
The statute of limitations for mesothelioma claims is the length of time patients and families have to file their lawsuits. While mesothelioma statutes of limitations vary in each state, they’re typically 1 to 3 years after diagnosis. A mesothelioma attorney can help you file your claim on time.
Written by Daniel Wasserberg | Edited by Amy Edel | Last Update: November 17, 2025
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Expert Take
Jim Kramer: What is a statute of limitations?
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 an asbestos lawsuit. The time limit to file a lawsuit varies in each state and with each type of claim. Understanding the statute of limitations is crucial for those seeking to file a claim for asbestos-related diseases like mesothelioma.
Most statutes of limitations for mesothelioma personal injury claims are 1 to 3 years. However, Maine, Minnesota and North Dakota offer as much as 6 years to file personal injury lawsuits. California and Tennessee only allow 1 year. Roughly 33% of states provide 3 years to file wrongful death claims.
Key Facts About Statute of Limitations
- Most state laws allow between 2 and 3 years to file a mesothelioma lawsuit, but some states have shorter limits as brief as 1 year.
- The statute of limitations varies in each jurisdiction and for different claim types, including differences between personal injury and wrongful death lawsuits.
- Asbestos trust funds also have time limits for when to file, but the trusts themselves set these restrictions rather than state laws.
- The statute of limitations clock typically starts on the date of diagnosis or death in wrongful death cases, reflecting the “discovery rule” that the injury triggers the countdown, not the date of exposure.
Missing the filing deadline can forfeit your right to pursue legal compensation. It’s important to speak with a lawyer as soon as possible to get your claim started and filed on time. Your lawyer will explain which jurisdiction’s statutes apply to your mesothelioma lawsuit. An experienced mesothelioma attorney can also assess if any exceptions to the statutes of limitations apply in your specific case.
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.
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
- Class action lawsuit: While varying in each state, the statute of limitations is usually between 1 and 3 years after diagnosis.
- Personal injury lawsuit: The statute of limitations begins on the day you receive a confirmed diagnosis after an initial biopsy.
- Trust fund claim: Each trust fund sets individual time limits for filing a claim.
- Wrongful death lawsuit: The statute of limitations begins from the day of a patient’s death.
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.
Use our calculator to quickly understand what compensation you may be eligible for and understand your rights — all at no cost to you.
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%
In Which State Should I File My Mesothelioma Lawsuit?
Depending on where your exposure occurred, the location of the companies responsible and where you have lived in the past, the state you file in could be different than where you 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 under different statutes of limitations.
- Where asbestos exposure happened: The state where the exposure occurred might be the best place to file.
- Where companies are located: Sometimes, the best place to file your claim is the state where the asbestos product manufacturer responsible for your exposure is located.
- 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 may have many questions about where to file a mesothelioma claim. A mesothelioma lawyer with experience working with veterans knows where you should file your claim to receive the most compensation.
We make filing a mesothelioma claim easier, so you don’t have to face it alone.
Start Your ClaimWhat 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 one of the companies involved in your exposure declared bankruptcy and established a trust fund in that process, you may still have time to file a claim with the trust. Trusts’ filing deadlines are independent of state statutes of limitations. Your lawyer can determine your eligibility and handle the filing.
- Finding the right jurisdiction: While you may have missed the deadline in the state in which you currently live, that may not actually be the right jurisdiction for your case depending on where you were exposed or where a defendant is headquartered. Speaking to a lawyer now can ensure you meet the deadlines in the right jurisdiction for your case.
- Legal exceptions and extensions: Some cases may qualify for legal exceptions or extensions because of factors such as the discovery rule, disability or extraordinary circumstances. An experienced attorney can evaluate whether your case qualifies for such exceptions.
- Workers’ compensation claims: In some cases, if asbestos exposure occurred at work, you may be eligible for workers’ compensation benefits, which have different filing rules and deadlines than lawsuits. A lawyer can help you navigate the claims process.
If you believe your deadline has passed, consult a qualified mesothelioma attorney as soon as possible. Early consultation can help you explore your options and determine the best course of action to protect your rights.
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?
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A statute of limitations is a period of time in which a lawsuit or claim must be brought before the right is extinguished.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
- When does the statute of limitations start on an asbestos case?
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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. Depending on the state, you have anywhere from 1 to 3 years from the date of diagnosis or date of death to file a lawsuit. As for filing claims with the various asbestos trusts, you generally have 3 years from the date of diagnosis or date of death to file a claim against the asbestos trusts.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
- Can a claim be filed in another state if the statute of limitations has expired?
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Generally, a claim can be filed in any state where the mesothelioma victim was exposed to asbestos.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
- What are the statutes of limitations for personal injury and wrongful death lawsuits in each state?
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Depending on the state, you generally have anywhere from 1 to 3 years from the date of diagnosis or date of death to file a lawsuit. As for filing claims with the various asbestos trusts, you generally have 3 years from the date of diagnosis or date of death to file a claim against the asbestos trusts.
Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm
- Can the statute of limitations be extended?
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Yes, in some cases, the statute of limitations can be extended or tolled because of specific circumstances such as the discovery of asbestos exposure after an initial diagnosis, legal exceptions or extraordinary events like delays from the COVID-19 pandemic. An experienced attorney can evaluate whether your case qualifies for an extension.
- Do asbestos trust funds have their own deadlines?
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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.
