Statute of Limitations on a Mesothelioma Lawsuit

Understanding the Mesothelioma Lawsuit Statute of Limitations

When someone is harmed or injured due to negligence from a company or individual, those affected have only a certain amount of time in which to file a claim. This amount of time is known as the statute of limitations. In most instances – such as car accidents or work injuries – the statute of limitations begins as soon as the accident takes place.

With mesothelioma claims, however, the rules are slightly different. Because mesothelioma may not be diagnosed until years after a person has been exposed to asbestos, the statute of limitations begins when the disease is diagnosed for personal injury claims, or when the victim passes away for wrongful death claims.

What is the Statute of Limitations in My State?

Keep in mind that the statute of limitations varies from state to state. The table below shows how much time each state gives someone to file a mesothelioma claim. In many states, the amount of time in which to file a personal injury claim is different than the amount of time to file a wrongful death claim.

StatePersonal Injury ClaimsWrongful Death Claims
Alabama2 years2 years
Alaska2 years2 years
Arizona2 years2 years
Arkansas3 years3 years
California1 year1 year
Colorado2 years2 years
Connecticut3 years3 years
Delaware2 years2 years
Florida4 years2 years
Georgia2 years2 years
Hawaii2 years2 years
Idaho2 years2 years
Illinois2 years2 years
Indiana2 years2 years
Iowa2 years2 years
Kansas2 years2 years
Kentucky1 year1 year
Louisiana1 year1 year
Maine6 years2 years
Maryland3 years3 years
Massachusetts3 years3 years
Michigan3 years3 years
Minnesota4 years3 years
Mississippi3 years3 years
Missouri5 years3 years
Montana3 years3 years
Nebraska4 years2 years
Nevada2 years2 years
New Hampshire3 years3 years
New Jersey2 years2 years
New Mexico3 years3 years
New York3 years2 years
North Carolina3 years2 years
North Dakota6 years2 years
Ohio2 years2 years
Oklahoma2 years2 years
Oregon3 years3 years
Pennsylvania2 years2 years
Rhode Island3 years3 years
South Carolina3 years3 years
South Dakota3 years3 years
Tennessee1 year1 year
Texas2 years2 years
Utah3 years2 years
Vermont3 years2 years
Virginia2 years2 years
Washington3 years3 years
Washington D.C.3 years1 year
West Virginia2 years2 years
Wisconsin3 years3 years
Wyoming4 years2 years


Where Do I File My Mesothelioma Claim?

While you may file your claim in the state in which you live, other factors, such as where the exposure to asbestos occurred, or where the responsible parties are located should be taken into consideration. An experienced mesothelioma lawyer will help you make the decision that will be most beneficial to your case.

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