Mesothelioma Statutes of Limitations by State
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.
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
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. All the states have their own statute of limitations. 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.
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.
In the table below, you can take an idea of how many years you are allotted to file a claim. Many factors may shorten or lengthen these time limits. Keeping this in mind, it is better to always consult with a mesothelioma lawyer to estimate the time you have left to file your case.
| 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
A patient or their family can file a personal injury case to the company that is responsible for the exposure of asbestos. It typically takes several decades for mesothelioma or an asbestos related disease to develop. Patients normally do not know they have a disease until several years after they were “injured” by asbestos. Understanding this, the normal time span for filing a mesothelioma claim usually starts when the patient is diagnosed.
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 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. Adding to that, symptoms of mesothelioma or other asbestos related illnesses typically only begin to show decades after asbestos exposure.
Wrongful Death Cases
If your loved one passed away without receiving compensation for a specific claim then the family can file a wrongful death claim against the company. The timeframe for wrongful death claim usually starts when the patient passed away. All of these factors make understanding the Mesothelioma statutes of limitations complicated, speaking with a mesothelioma lawyer can make this process much easier for you or your loved one.
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source https://www.gpwlaw-mi.com/mesothelioma-statutes-of-limitations
