Menu Close

Statute of Limitations for Mesothelioma Claims

Statute of Limitations for Mesothelioma Claims: Understanding the Time Limits to Seek Compensation

When dealing with a mesothelioma diagnosis caused by asbestos exposure, seeking compensation through a legal claim is crucial to cover medical expenses and secure justice. However, it’s essential to be aware of the statute of limitations, which sets a time limit for filing a mesothelioma claim. Here’s a concise guide to understanding the statute of limitations for mesothelioma claims:

  1. What is the Statute of Limitations: The statute of limitations is a legal timeframe within which a person must file a lawsuit after an injury or diagnosis occurs.
  2. Varies by State: Each state has its own statute of limitations for mesothelioma claims, typically ranging from one to six years.
  3. Discovery Rule: The statute of limitations usually starts when the plaintiff discovers or reasonably should have discovered their mesothelioma diagnosis was caused by asbestos exposure.
  4. The timeframe from Diagnosis: In some states, the statute of limitations begins from the date of a mesothelioma diagnosis.
  5. The timeframe from Death: In wrongful death cases, the statute of limitations may start from the date of the patient’s death.
  6. Exemptions: Certain states have exemptions, allowing additional time for filing claims for veterans or those with secondary asbestos exposure.
  7. Considerations for Veterans: Veterans diagnosed with mesothelioma may have additional time due to the “discovery rule” or unique VA claim deadlines.
  8. Importance of Timely Action: Failing to file within the statute of limitations can result in losing the right to seek compensation.
  9. Consulting an Attorney: Speak with an experienced mesothelioma attorney promptly to determine the specific statute of limitations for your case.
  10. Act Swiftly: Given the importance of timing, act swiftly after a mesothelioma diagnosis to preserve your right to pursue compensation.

Understanding the statute of limitations for mesothelioma claims is crucial in protecting your legal rights. If you or a loved one are affected by mesothelioma, seek the guidance of a qualified attorney to ensure your claim is filed within the appropriate timeframe.