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.

State Personal Injury Claims Wrongful Death Claims
Alabama 2 years 2 years
Alaska 2 years 2 years
Arizona 2 years 2 years
Arkansas 3 years 3 years
California 1 year 1 year
Colorado 2 years 2 years
Connecticut 3 years 3 years
Delaware 2 years 2 years
Florida 4 years 2 years
Georgia 2 years 2 years
Hawaii 2 years 2 years
Idaho 2 years 2 years
Illinois 2 years 2 years
Indiana 2 years 2 years
Iowa 2 years 2 years
Kansas 2 years 2 years
Kentucky 1 year 1 year
Louisiana 1 year 1 year
Maine 6 years 2 years
Maryland 3 years 3 years
Massachusetts 3 years 3 years
Michigan 3 years 3 years
Minnesota 4 years 3 years
Mississippi 3 years 3 years
Missouri 5 years 3 years
Montana 3 years 3 years
Nebraska 4 years 2 years
Nevada 2 years 2 years
New Hampshire 3 years 3 years
New Jersey 2 years 2 years
New Mexico 3 years 3 years
New York 3 years 2 years
North Carolina 3 years 2 years
North Dakota 6 years 2 years
Ohio 2 years 2 years
Oklahoma 2 years 2 years
Oregon 3 years 3 years
Pennsylvania 2 years 2 years
Rhode Island 3 years 3 years
South Carolina 3 years 3 years
South Dakota 3 years 3 years
Tennessee 1 year 1 year
Texas 2 years 2 years
Utah 3 years 2 years
Vermont 3 years 2 years
Virginia 2 years 2 years
Washington 3 years 3 years
Washington D.C. 3 years 1 year
West Virginia 2 years 2 years
Wisconsin 3 years 3 years
Wyoming 4 years 2 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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