Most people don’t realize that there is actually a limited amount of time to file a lawsuit for mesothelioma from asbestos. The amount of time, called the statute of limitations, varies based on state. In some states, the statute of limitations on mesothelioma can be a short as just one year from the date of diagnosis. It’s crucial that you pursue legal action within this time limit or you will not be be able to obtain compensation for your mesothelioma.
When dealing with a mesothelioma diagnosis or handling the passing of a family member or friend, it can seem impossible to consider filing a mesothelioma lawsuit. But, in order to protect your legal rights to compensation for mesothelioma cancer, it is crucial that you contact a mesothelioma lawyer as soon as possible after diagnosis to see what the time limit is to file in your state.
Contact us here to learn more about the mesothelioma time limits in your state. Keep in mind that if you do not file within this time limit, then you will never be able to pursue legal action, or obtain compensation, for your mesothelioma cancer.
Statute of Limitations for Mesothelioma Claims by State
| State | Claim by Mesothelioma Patient | Wrongful Death Claim by Family |
|---|---|---|
| Alabama | 2 | 2 |
| Alaska | 2 | 2 |
| Arizona | 2 | 2 |
| Arkansas | 3 | 3 |
| California | 1 | 1 |
| Colorado | 2 | 2 |
| 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 | 6 | 2 |
| 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 | 1 | 1 |
| 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 |
How soon is too soon to contact an attorney?
If your doctor mentions the word “mesothelioma” or “asbestos” in association with cancer, if your family member has been previously exposed to asbestos or if you just suspect mesothelioma, ask your doctor specifically about mesothelioma. If the doctors are unsure about the cancer, it’s essential that you work with them to find a definitive diagnosis and to confirm whether or not your family member actually has mesothelioma –not just for legal reasons, but to be certain that your family member receives the right medical treatments. It may be surprising, but medical treatment for lung cancer compared to mesothelioma, for example, can be vastly different. When your family is armed with a definitive cancer diagnosis, you can make the best possible decisions regarding your next course of action and treatment plans.How soon is too soon to contact an attorney?
If your family member has already passed away, that does not mean that you cannot pursue a mesothelioma lawsuit or asbestos claim.
While these lawsuits are handled differently, it still may not be too late to pursue a case on behalf of your deceased family member. But because every situation is unique, you should contact an attorney about what all this specifically means for you and your case. There is also a limited amount of time to file a lawsuit once your family member has passed, so please do not wait and potentially miss out on justice for your family.