When it comes to mesothelioma cases, understanding the statute of limitations is crucial for affected individuals seeking justice. The statute of limitations sets a strict timeframe within which a lawsuit must be filed; failure to do so may result in the loss of the right to pursue compensation.
This period varies by state and can be influenced by factors such as the age of the victim and the date of diagnosis, making it essential for those impacted by mesothelioma to consult with a knowledgeable personal injury lawyer. Rosenfeld Injury Lawyers can help you ensure that your legal rights are protected.
Understanding the Mesothelioma Statute of Limitations
The mesothelioma statute of limitations refers to the legally defined period within which an individual diagnosed with mesothelioma or their survivors must initiate a lawsuit to seek compensation.
This timeframe is crucial as it determines the window of opportunity for pursuing legal action against responsible parties, such as employers or manufacturers of asbestos-containing products.
Each state imposes its own statute of limitations, which can range from one to several years, depending on various factors.
The complexity of mesothelioma cases, coupled with varying state laws, makes it essential to work with an experienced mesothelioma lawyer who can navigate this situation for you.
Types of Mesothelioma Claims and the Time Limits to File
Understanding the various types of mesothelioma claims is essential for victims and their families. Each type of claim has specific eligibility criteria, compensation potential, and distinct statutes of limitations. The following are some of the different types of mesothelioma claims:
Personal Injury Lawsuits
A personal injury lawsuit allows individuals diagnosed with mesothelioma due to asbestos exposure to seek compensation for medical expenses, lost wages, and pain and suffering.
Those with an asbestos-related disease can file these lawsuits against employers, manufacturers, or other parties responsible for their asbestos exposure. The statute of limitations for personal injury claims typically ranges from one to three years from the date of diagnosis, depending on state laws.
Wrongful Death Claims
When a mesothelioma patient passes away, surviving family members may file a wrongful death lawsuit. This type of claim compensates for the emotional and financial impact of losing a loved one, covering funeral expenses, loss of companionship, and other damages.
Asbestos Trust Fund Claims
Asbestos trust fund claims provide an avenue for mesothelioma compensation without the need for litigation. These funds, established by companies that filed for bankruptcy due to asbestos liabilities, are specifically designed to compensate asbestos victims.
The process involves an expedited claim submission, where eligible individuals can recover funds to cover medical expenses and other related costs.
VA Benefits Claims
Veterans exposed to asbestos during military service may qualify for VA benefits. These benefits can provide compensation for healthcare, disability, and other supportive services, depending on the extent of the asbestos-related disease.
The application process for VA benefits has its own set of requirements and timelines.
When navigating these various claims and trying to understand their respective mesothelioma lawsuit statutes, working with an experienced mesothelioma attorney is crucial to ensuring that victims and their families are adequately represented.
Mesothelioma Statute of Limitations by State
The statute of limitations for filing mesothelioma lawsuits can significantly vary from one state to another, highlighting the importance of understanding jurisdictional differences. Each state has its own established timelines within which a claimant must initiate legal proceedings following a diagnosis.
These time limits are designed to encourage timely filing of claims, ensuring that evidence remains fresh and witnesses are available. Below is an overview of the standard personal injury statute of limitations for claims involving mesothelioma and other asbestos-related diseases.
State | Deadline | Damage Caps | Code | Discovery Rule | Exceptions |
---|---|---|---|---|---|
Alabama | 2 years from when the injured party, through reasonable diligence, should have reason to discover – only applies to cases where exposure occurred on or after May 19, 1980 | Punitive damages are capped at 3x the compensatory damages, up to $1.5 million. Claims against small businesses are capped at the lesser of $50,000 or 10% of their net worth. Claims against municipalities are capped at $100,000 per victim and $300,000 per accident. | Ala. Code § 6-2-38 | The statute of limitations starts running on the first date the injured party, through reasonable diligence, should have reason to discover the injury giving rise to such civil action. | Minor or Mentally Insane: An individual who was under the age of 19 or declared mentally insane at the time of injury has two years to file a civil lawsuit once the disability period ends. However, no claims can be filed after twenty years from the date of the accident, no matter what the circumstances are. Defendant Absent: When the defendant is absent from Alabama, the statute of limitations pauses and only resumes once they return to the state. Government Entities: For claims against a municipality, you must file a formal claim within six months from the date of injury to meet legal requirements. |
Alaska | 2 years | Non-economic damages are capped at the greater of $400,000 or the victim’s remaining life expectancy multiplied by $8,000. Except in cases involving severe permanent physical impairment or severe disfigurement, the cap increases to the greater of $1,000,000 or the victim’s remaining life expectancy multiplied by $25,000. Punitive damages are generally capped at the greater of 3x compensatory damages or $500,000. | Alaska Stat. § 09.10.070 | A claim accrues when the plaintiff has information which is sufficient to alert a reasonable person to begin an inquiry to protect his rights. | Legal Disability: For a person who is legally disabled, such as a minor or someone with mental illness or disability, the statute limitation period starts once the legal disability ends. Party Who Injured You Is Out of State: If the party responsible for your injury leaves Alaska or goes into hiding within the state, the statute of limitations clock pauses during their absence, delaying its start until they return or can be located. |
Arizona | 2 years | None | Ariz. Rev. Stat. § 12-542 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor or Disability: If a child or someone of unsound mind is injured, the statute of limitations for filing a lawsuit does not begin until the child reaches 18 years of age or the person regains a sound mind. Government Entities: In Arizona, claims against public entities or employees follow different rules: a notice of claim must be filed within 180 days from when the claimant becomes aware of the damage and its cause. Any lawsuits must be initiated within one year after the cause of action accrues. Party Who Injured You Is Out of State: If the party responsible for your injury leaves Alaska or goes into hiding within the state, the statute of limitations clock pauses during their absence, delaying its start until they return or can be located. Fraud or Concealment: The personal injury statute of limitations can be paused if fraud or concealment by the defendant prevents the plaintiff from discovering the cause of action. |
Arkansas | 3 years | Punitive damages are capped at the greater of $250,000 or three times the compensatory damages awarded, with a maximum of $1,000,000. If the plaintiff proves intentional harm, the cap does not apply. | Ark. Code § 16-56-105 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Defendant Unavailable: When the defendant leaves the state or goes into hiding, rendering it impossible for you to start a lawsuit, the statute of limitations stops running for that period. Minor: If a child under 21 is injured, the statute of limitations for filing a lawsuit does not begin until the child reaches 21 years of age. Insane: If the person who is injured is legally insane at the time, the statute of limitations is paused until they are no longer insane. |
California | 1 year | Cal. Code Civ. Proc. § 340.2 | The statute of limitations within 1 year after they first experienced a disability or within 1 year after they knew or reasonably should have known that the disability was caused or aggravated by the exposure. | ||
Colorado | 2 years | Non-economic damages are capped at $729,790, but with clear and convincing evidence of greater damages, courts may raise the cap to $1,459,600. Punitive damages are capped at the no more than the other total damages awarded in the case. | Colorado Revised Statutes § 13-80-102.5 | The discovery rule allows the statute of limitations to start on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence | Minor: The statute of limitations may not start until you turn 18. Disabled/Mentally Ill: Statute of limitations may not begin to run until you are no longer disabled or mentally ill. Government/Public Entities: Must provide written notice within 182 days of sustaining an injury. Fraud/Misrepresentation/Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Outside Colorado: If the claimant resides outside the state of Colorado, the timeline may be extended until they return. |
Connecticut | 3 years | Conn. Gen. Stat. § 52-577a | The statute of limitations begins to run once the injury is first sustained, discovered, or reasonably should have been discovered through proper diligence and care. | Fraud/Misrepresentation/Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered by the exercise of reasonable diligence. Outside Connecticut: If the claimant resides outside the state of Connecticut, the timeline may be extended until they return. | |
Delaware | 2 years | None | Del. Code tit. 10 § 8119 | The statute of limitations is tolled when the injury is inherently unknowable and the claimant is blamelessly ignorant of the wrongful act and the injury complained of. If the rule is applicable, the statute of limitations will begin to run upon the discovery of facts constituting the basis of the cause of action or the existence of facts sufficient to put a person of ordinary intelligence and prudence on inquiry which, if pursued, would lead to the discovery of such facts. | Minor: The statute of limitations is 3 years from turning 18. Government/Public Entities: Must provide written notice within 1 year of sustaining an injury. Outside Delaware: If the claimant resides outside the state of Delaware, the time they are out of the state does not count. |
Florida | 2 years | Punitive damages are capped at 3 times the value of the compensatory damages (both economic and noneconomic) awarded to each claimant or $500,000. | Fla. Stat. § 95.11 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor/Incapacitated/Mentally Incompetent: The statute of limitations is 7 years from the injury or the standard statute of limitations, whichever is longer. Government/Public Entities: Must provide written notice within 6 months year of sustaining an injury. Defendant Flees Jurisdiction: If the claimant flees the jurisdiction, the time they are out of the state does not count. Concealment: Statute of limitations doesn’t begin to run until the concealment is discovered or should have been discovered by the exercise of reasonable diligence. |
Georgia | 2 years from the date the exposed person knew or should have known, through reasonable diligence, that they had evidence of physical impairment due to asbestos exposure. | Punitive damages capped at $250,000, but this cap is removed if the defendant was intoxicated or intended to cause harm. | Ga. Code § 9-3-33 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, both that he has been injured and that the defendant may have caused his injury | Minor/Mentally Incapacitated: The statute of limitations is 2 years from turning 18. Government/Public Entities: Must provide written notice within 6 to 12 months of the injury, depending on the specifics of the claim. Outside Georgia: If the claimant resides outside the state of Georgia, the time they are out of the state does not count. Concealment: Statute of limitations doesn’t begin to run until the concealment is discovered or should have been discovered by the exercise of reasonable diligence. |
Hawaii | 2 years from when the plaintiff becomes aware that the defendant’s negligence may have caused their injury. | Pain and suffering damages capped at $375,000 in most personal injury cases. The cap doesn’t apply in some situations – like cases involving multiple defendants. | Haw. Rev. Stat. § 657-7 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor/Mental Incapacity: The statute if limitations is tolled until they turn 18 or are no longer mentally incapacitated. Imprisonment: If a prisoner serving a term of less than life is injured, the limitation clock runs from the date they’re released from prison. Government Entity: Must provide notice within 6 months of the injury. Fraudulent Concealment: If the defendant intentionally conceals or misrepresents information, the statute of limitations can be extended. |
Idaho | 2 years | Non-economic damages capped at $250,000, but adjusts annually for inflation and average annual wages, amounting to $458,728.65 as of 2023. Punitive damages are capped at $250,000 or 3x compensatory damages, whichever is greater. | Idaho Code § 5-219.4 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is tolled until the minor turns 18 or until 6 years after the injury, whichever occurs sooner. Defendant Leaves the State: Statute of limitations is tolled until 6 years from the date of the injury or from the date the defendant returns to the state, whichever is earlier. Government Entity: Must file a claim with the Secretary of State before filing a lawsuit, which has to be done within 6 months of the injury. Fraudulent Concealment: If defendant fraudulently and knowingly concealed the wrongful act, the statute of limitations is tolled until the victim discovers the injury or should have discovered. Imprisoned/Mentally Incapacitated: Statute of limitations may be tolled in these cases. |
Illinois | 2 years | None | 735 ILCS 5/13-202 | The cause of action accrues only when the plaintiff knew or should have known that they had an asbestos-related disease and that it was caused by exposure to asbestos or asbestos-containing products. | Minor: Statute of limitations is tolled until they reach 18. Government Entity: Must provide written notice of a claim within 1 year of the injury. Mentally Handicapped: Statute of limitations starts when the disability is no longer an impairment. Defendant Leaves the State: The time where the defendant is out of the state does not count toward the statute of limitations. Fraudulent Concealment: If the defendant fraudulently conceals the cause of action, the plaintiff has until 5 years from the date they discover the cause of action. |
Indiana | 2 years | Ind. Code § 34-20-3-2 | The cause of action accrues on the date when the injured person becomes aware that they have an asbestos-related disease or injury. | Disability: The statute of limitations is tolled until the disability is removed. Minors: The clock doesn’t start running until the injured minor turns 18. Concealment: If a person responsible for an incident attempts to conceal their liability, the statute of limitations will likely not start until the concealment ends and the underlying facts are discovered. Government Entity: Legal claims against a political subdivision must be filed within 180 days after the event, while claims against the state require filing with the attorney general or relevant state agency within 270 days. Nonresidence: If the responsible party leaves the state of Indiana and becomes a “nonresident,” the statute of limitations wil be tolled pasued this time. | |
Iowa | 2 years from the earlier date: when the exposed person received a medical diagnosis of an asbestos-related impairment or discovered facts that would prompt a reasonable person to seek a diagnosis for such an impairment. | None | Iowa Code § 614.1 | The cause of action is considered to have accrued when the person is informed of the disease and its cause or when they reasonably should have been aware of both the disease and its cause. | Defendant Leaves Iowa or Cannot Be Identified: The statute of limitations stops running if the defendant moves out of Iowa or remains unidentified despite diligent efforts to locate them. Minor: The statute of limitations is one year from their 18th birthday. Disability: If the injured person is disabled, they will have 1 year from the date that their disability is removed. Claims Against Iowa Municipalities: Claims against Iowa municipalities must generally be filed within two years from the date of the injury. |
Kansas | 2 years but this period does not start until the date the exposed person either discovers, or reasonably should have discovered, that they have a physical impairment resulting from exposure. | Punitive damages are capped at the lesser of the defendant’s highest annual gross income over the past 5 years (unless that is deemed not adequate, then up to 50% of their net worth, or $5,000,000. | Kan. Stat. § 60-513 | The discovery rule allows the statute of limitations to start at the time a negligent act causes injury if both the act and the resulting injury are reasonably ascertainable by the injured person. | Minors: Injured minors have 1 year from the date of their 18th birthday. Disability: One year from the date the disability is removed. Imprisonment: If defendant is in prison for less than a life sentence, they can file a claim within 1 year of being released unless they have access to court for purposes of bringing an action. In that case, they are not considered disabled and the statute of limitations will be standard. Defendant Leave State or Hides: If you’re unable to serve the defendant because they’re out of the state or in hiding, this time does not count toward the statute of limitations. Government: You must provide notice and then you can sue, generally within |
Kentucky | 1 year | None | Ky. Rev. Stat. § 413.140 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Mental or Physical Incapacity: If a victim is incapacitated due to mental or physical reasons, the statute of limitations does not begin until the incapacity ends. Minor: Injured minors have one year from their 18th birthday. Defendant’s Absence: If the defendant has left the state or is hiding, making service of legal papers impossible, the statute of limitations is tolled until the defendant can be located and served. Government: For some claims against the government, you must provide notice to sue within 90 days of the accident. |
Louisiana | 1 year | Punitive damages cannot exceed either 3 times the compensatory damages or $500,000, whichever amount is greater. | La. Civ. Code art. 3492 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minors: Injured minors have 1 year from their 18th birthday. Disability: Statute of limitations is 1 year from when the disability is removed. Fraudulent Concealment: If the defendant intentionally concealed their wrongdoing, the statute of limitations may be extended. |
Maine | 6 years | None | Me. Stat. tit. 14 § 752 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t start to run until 18th birthday. Fraudulent Concealment: 6 years from when you discovery the fraud and your cause of action. Disabled: Statute of limitations doesn’t run until the disability is removed. Government: Must file within 2 years of the injury, and must provide notice within 1 year. |
Maryland | 3 years | Non-economic damages are capped at $935,000 | Md. Code, Cts. & Jud. Proc. § 5-101 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations doesn’t begin until they turn 18. Disability: Statute of limitations is 3 years from when the disability is removed. Defendant Leaves State: The statute of limitations is tolled while they’re out of the state. Government: you must file a claim with the state treasurer within one year of a personal injury caused by a state agency or employee, and if this claim is denied or unanswered after 6 months, you are then eligible to file a lawsuit within 3 years from the date of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations begins when the injured party discovers, or reasonably should have discovered, the fraud. |
Massachusetts | 3 years | None | Mass. Gen. Laws ch. 260 § 2A | The cause of action for an asbestos-related disease accrues only when the plaintiff becomes aware, or reasonably should have become aware, that they have an asbestos-related disease which was caused by exposure to asbestos or asbestos-containing products. | Minor: Statute of limitations doesn’t begin until they turn 18. Disability: Statute of limitations begins to run when the disability is removed. Defendant Leaves State: The statute of limitations is tolled while they’re out of the state. Government: Usually 2 years, and there are separate notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations begins when the injured party discovers, or reasonably should have discovered, the fraud. |
Michigan | 3 years | None | Mich. Comp. Laws § 600.5805 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is 1 year from when they turn 18. Disability: Statute of limitations is 1 year from the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 or 3 years, depending on the specifics of the claim, and there are separate notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is 2 years from the date the injured party discovers, or reasonably should have discovered, the fraud. |
Minnesota | 6 years | None | Minn. Stat. § 541.05 | The cause of action does not accrue until there is a recognizable physical manifestation of the asbestos-related disease and a proven causal link between the disease and the defendant’s product. | Minor: Statute of limitations is 1 year from when they turn 18. Disability: Statute of limitations is 1 year from the date the disability is removed, but the deadline will never be extended for more than 5 years, even if the injured party doesn’t recover. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 180 days of the incident and usually 2 years to file a lawsuit. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Mississippi | 3 years | Non-economic damages are capped at $1 million (but constitutionality of this limit is in dispute), punitive damages are generally capped based on the defendant’s net worth. | Miss. Code § 15-1-49 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Minor: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 90 days of the incident. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Missouri | 5 years | None | Miss. Code § 516.120 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 21: Statute of limitations is paused until injured party turns 21. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file notice within 90 days of the incident. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Montana | 3 years | Punitive damages are capped at $10 million or 3% of a defendant’s net worth, whichever is less. | Mont. Code § 27-2-204 | The period of limitations does not begin to run until the injured party has discovered, or in the exercise of due diligence should have discovered, both the injury and its cause. | Minor: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed, but the deadline will never be extended for more than 5 years, even if the injured party doesn’t recover. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: A complaint must be submitted in writing to the Department of Administration, which has 120 days to either grant or deny the claim. Once they recive notice, the statute of limitations is paused for 120 days. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Nebraska | 4 years | Neb. Rev. Stat. §§ 25-224 | The statute of limitations begins from the date the injured person is informed by a medical authority of the injury and its asbestos-related cause, or from the date when facts reasonably leading to such discovery are known, whichever comes first. | Under 21: Statute of limitations is paused until injured party turns 21. Disability: Statute of limitations paused until the date the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. | |
Nevada | 2 years | Punitive damages are capped at $300,000 if compensatory damages are less than $100,000, but if compensatory damages are $100,000 or more, the cap increases to three times the amount of compensatory damages. | Nev. Rev. Stat. § 11.190 | The statutory period of limitations is tolled until the injured party discovers, or reasonably should have discovered, facts supporting a cause of action | Under 18: Statute of limitations is paused until injured party turns 18. Disability: Statute of limitations paused until the date the disability is removed. State Custody Other Than Prison: If the person is in state custody and was placed when they were less than 18, the statute of limitations is tolled (this does not apply when the victim is in prison). Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
New Hampshire | 3 years | None | N.H. Rev. Stat. § 508:4 | The discovery rule allows the statute of limitations to start when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of. | Under 18: Statute of limitations is 2 years from when the injured party turns 18. Disability: Statute of limitations is 2 years from when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 3 years for most cases, with other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
New Jersey | 2 years | In most cases, punitive damages are capped at the greater of five times the compensatory damages or $350,000. | N.J. Stat. § 2A:14-2 | The discovery rule allows the statute of limitations to start when the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered that he may have a basis for an actionable claim. | Under 18: Statute of limitations begins when the injured party turns 18. Disability: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
New Mexico | 3 years | None | N.M. Stat. § 37-1-8 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Injured plaintiff has until the later of 1 year after they turn 18 or 3 years after they are injured to file the claim. Disability: 1 year from the date their disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
New York | 3 years | None | N.Y. C.P.L.R. § 214 | The discovery rule allows the statute of limitations to start on the date of discovery of the injury by the plaintiff or from the date when through the exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier | Under 18: Statute of limitations begins when the injured party turns 18. Disability: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 90 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
North Carolina | 3 years | Punitive damages are capped at the greater of 3 times the compensatory damages or $250,000. | N.C. Gen. Stat. § 1-52 | The discovery rule allows the statute of limitations to start when it becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs | Under 18: Statute of limitations begins when the injured party turns 18. Insane/Incompetent: Statute of limitations begins when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
North Dakota | 6 years | Punitive damages are capped at the greater of $250,000 or 2x the compensatory damages. | N.D. Cent. Code § 28-01-16 | The action does not accrue and the limitations period does not begin to run until the claimant knows, or with reasonable diligence should know, that a potential claim exists | Under 18: 1 year from when the victim turns 18. Insane/Prison: Statute of limitations is 1 year from when the disability is removed. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 days of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Ohio | 2 years from the date a competent medical authority informs the plaintiff of an asbestos-related injury or from the date the plaintiff should have reasonably discovered the injury, whichever comes first. | Non-economic damages are capped at $250,000 or 3 times the economic damages, up to $350,000 per plaintiff and $500,000 per accident, except in cases of catastrophic injuries like severe physical deformities or injuries preventing self-care, where no cap applies. Punitive damages are capped at 2 times the amount of the compensatory damages. If the defendant is a small business over, punitive damages are capped at10% of the defendant’s net worth, up to a maximum of $350,000. | Ohio Rev. Code § 2305.10 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Statute of limitations begins when the injured party turns 18. Incompetent: Statute of limitations begins when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: 2 years with additional notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Oklahoma | 2 years | Punitive damages are categorized into three levels: Category I caps at the greater of $100,000 or actual damages for reckless disregard; Category II at the greater of $500,000, twice the actual damages, or the financial benefit derived for intentional and malicious acts; and Category III, involving conduct that is life-threatening to humans, has no cap. | Okla. Stat. tit. 12 § 95 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: 1 year from when the injured party turns 18. Disability: Statute of limitations is 1 year from when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 1 year from the date of injury. If claim is denied, you have 180 days to sue. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
The statute of limitations begins when the person discovers, or reasonably should have discovered, both the disease and its cause | 2 years from the date the plaintiff first discovered, or should have reasonably discovered, the disease and its cause. | None | ORS § 30.907 | The statute of limitations begins when the person discovers, or reasonably should have discovered, both the injury and its causal link to the product or the defendant’s conduct. | Under 18: 1 year from when the injured party turns 18 or 7 years from the date of the accident, whichever occurs first. Disability: Statute of limitations is 1 year from when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must provide written notice of claim within 180 of injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Pennsylvania | 2 years from the date a person is informed by a licensed physician of an injury caused by exposure, or when the person knew or should have known of the injury through reasonable diligence, whichever comes first. | None | 42 Pa. C.S. § 5524 | Under the discovery rule, the statute of limitations doesn’t run until the plaintiff knows or reasonably should know that he has been injured and that his injury has been caused by another party’s conduct | Under 18: Statute of limitations begins when the injured party turns 18. Incompetent: Statute of limitations begins when injured party is considered competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file written notice within 6 months. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Rhode Island | 3 years | None | R.I. Gen. Laws § 9-1-14 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim by the time they turn 21. Disability/Mental Incompetence: Statute of limitations is 3 years from the removal of the disability. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Written notice must be provided within 60 days of injury for claims against a town for injuries on highway/causeway/bridge. Other claims against the state must be filed within 3 years with no other notice requirements. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
South Carolina | 3 years | Punitive damages are capped at the greater of 3 times the compensatory damages awarded to each claimant or $500,000. | S.C. Code § 15-3-530 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim within 1 year of turning 18. Insane: Statute of limitations is the earlier of 5 years from the date of injury (or discovery of the injury), or 1 year from the date they were declared sane. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Statute of limitations is 2 years from the date of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
South Dakota | 3 years | None | S.D. Codified Laws § 15-2-14 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: Minors must file their claim within 1 year of turning 18. Mentally Ill: Statute of limitations starts when the person is no longer legally disabled, but the claim can’t be filed moer than 5 years from the date of the injury. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must give written notice of your claim within 180 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Tennessee | 3 years from the earlier date on which the exposed person either received a medical diagnosis of an asbestos-related impairment or discovered facts that would prompt a reasonable person to seek such a diagnosis. | In most cases, non-economic damages are capped at $750,000, but this cap increases to $1,000,000 for catastrophic injuries; punitive damages are limited to the greater of 2 times compensatory damages or $500,000. | Tenn. Code § 28-3-104 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Incompetent: Statute of limitations begins when the injured person is declared competent. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Texas | 2 years | Punitive damages are capped at the greater of 2x economic damages plus non-economic damages found by the jury (not to exceed $750,000) or, $200,000 | Tex. Civ. Prac. & Rem. Code § 16.003 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Unsound Mind: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claim must be filed within 6 months of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Utah | 4 years | None | Utah Code § 78B-2-307 | The cause of action for an asbestos-related injury begins when the person filing the claim serves a report to the defendant that includes specific medical and exposure details. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Claim must be filed within 1 year of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Vermont | 3 years | None | Vt. Stat. tit. 12 § 512 | The limitations clock does not begin running until the plaintiff knows or should know of the injury and its cause | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Imprisoned: If the injured party is imprisoned, the statute if limitations is tolled during this time. Active Duty Military: If either party is active duty in the US military, the statute of limitations is tolled during this time. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Virginia | 2 years | Punitive damages are capped at $350,000 | Va. Code § 8.01-243 | The discovery rule allows the statute of limitations to start when you discover or reasonably should have discovered your injury. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Obstruction by Defendant: The statute of limitations may be tolled while the defendant obstructs your ability to file a lawsuit. Government: 6 months to file a written notice of claim. |
Washington | 3 years | None | Wash. Rev. Code § 4.16.080 | The discovery rule allows the statute of limitations to start from the time the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Imprisoned: If a defendant is imprisoned prior to sentence in a criminal case, the statute of limitations is tolled during this time. Government: Before you can sue the State of Washington, you first must file your claim with the Washington Department of Enterprise Services. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Washington, D.C. | 5 years | None | D.C. Code § 12-301 | The statute of limitations doesn’t run until the plaintiff has knowledge, or by the exercise of reasonable diligence should have knowledge, of the existence of his injury, the injury’s cause in fact, and some evidence of wrongdoing. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incapacitated: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Imprisoned: Statute of limitations is tolled while injured party is imprisoned. Government: Must file a notice of claim within 6 months of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
West Virginia | 2 years | The cap for punitive damages is set at 4 times the amount of compensatory damages awarded or $500,000, whichever is greater. | W. Va. Code § 55-2-12 | Statute of limitations begins on the earlier date of when the exposed person received a medical diagnosis of an asbestos-related impairment, or when they discovered facts that would have led a reasonable person to seek such a diagnosis. | Under 18: The statute of limitations begins running once the injured minor turns 18. Mentally Incompetent: Statute of limitations begins when disability ends. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file a notice of claim within 30 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Wisconsin | 3 years | Punitive damages are capped at the greater of twice the compensatory damages or $200,000, except this cap does not apply in cases involving drunk driving. | Wis. Stat. § 893.54 | The statute of limitations begins to run when the potential plaintiff discovers the injury, or in the exercise of due diligence should have discovered the injury. | Under 18: 2 years from when the injured party turns 18. Mentally Ill: 2 years from when disability ends but can never file past 5 years. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Prison: Statute of limitations is tolled while injured party is in prison, but claim can never be filed past 5 years. Government: Must file a notice of claim within 120 days of the injury. Fraudulent Concealment: If a negligent party fraudulently conceals their involvement in causing harm, the statute of limitations is paused until the date the injured party discovers, or reasonably should have discovered, the fraud. |
Wyoming | 4 years | None | Wyo. Stat. § 1-3-105 | The statute of limitations begins to run when the potential plaintiff knows or reasonably ought to know that some damage has resulted from the wrongful act. | Under 18: The statute of limitations is the longer of 3 years from when the injured party turns 18 and the standard statute of limitations. Mentally Ill: The statute of limitations is the longer of 3 years from when the injured party is no longer disabled or the standard statute of limitations. Defendant Leaves State: The statute of limitations may be tolled while they’re out of the state. Government: Must file a notice of claim within 2 years of the injury. |
Because of the variations, it is critical for individuals diagnosed with mesothelioma or their families to consult with a knowledgeable mesothelioma attorney.
Factors Affecting the Mesothelioma Statute of Limitations
The mesothelioma statute of limitations is influenced by a variety of factors that can significantly impact the time frame for filing a mesothelioma claim. Understanding these factors is essential for mesothelioma patients and their families to ensure a timely and effective claim process.
Location of Asbestos Exposure
The location where an individual was exposed to asbestos is critical in determining the applicable statute of limitations. Different states enforce distinct mesothelioma lawsuit statutes, leading to variations in the deadlines for filing mesothelioma claims.
Type of Lawsuit
There are various types of lawsuits associated with asbestos-related diseases, including personal injury lawsuits and wrongful death lawsuits. Each type of lawsuit may have its own specific statute of limitations.
A mesothelioma claim filed by the injured party may be subject to different time constraints than a wrongful death lawsuit filed by surviving family members.
Latency Period of the Asbestos Disease
Mesothelioma has a notoriously long latency period, often taking decades to develop after asbestos exposure. This latency can influence the statute of limitations, as the clock may not start running until a diagnosis is made.
The intricacies of the mesothelioma statute of limitations can be daunting. Individuals diagnosed with mesothelioma are encouraged to consult with an experienced mesothelioma lawyer to navigate these factors, ensuring that their claims are filed within appropriate timeframes to pursue compensation.
The Mesothelioma Lawsuit Process
Filing a mesothelioma claim after a diagnosis or in the event of a loved one’s death from the disease is important for maximizing financial compensation benefits. Understanding the steps involved in a mesothelioma lawsuit can empower plaintiffs and help them navigate this overwhelming experience.
Filing a Complaint
The beginning of a mesothelioma lawsuit typically starts with filing a complaint in the appropriate court. This document outlines the plaintiff’s allegations against specific companies or other parties responsible for the exposure to asbestos-containing materials that contributed to the mesothelioma diagnosis.
Experienced asbestos attorneys can assist plaintiffs in ensuring that all details are addressed and that the complaint aligns with mesothelioma statutes in their jurisdiction.
Discovery Process
After this is filed, the discovery process begins. During this phase, both parties exchange evidence and information relevant to the case. This can involve obtaining medical records, employment history, and documents related to the asbestos companies responsible.
Plaintiffs and defendants may also participate in depositions, where they provide testimony about their side of what happened.
Potential Trial
If the case does not settle during the discovery phase, it will proceed to trial. Here, both parties will present their evidence and arguments before a judge or jury. Trials for mesothelioma personal injury cases can be complex, with an extensive examination of expert witnesses, including medical professionals who can speak to causation and impact.
Settlement Options
Throughout the mesothelioma or wrongful death lawsuit process, there is often room for negotiation, and many accidental exposure claims reach a settlement before trial. Companies responsible for the asbestos-related illness may offer compensation to avoid a protracted legal battle.
Navigating the mesothelioma lawsuit process requires careful attention to timelines and legal requirements.
Where to File a Mesothelioma Claim
When considering where to file claims, it’s important to understand that there are multiple jurisdictions available depending on various factors. Claims can typically be filed in the state of residence of the mesothelioma patient, in the state where the asbestos exposure occurred, or in the state where the companies responsible for the asbestos-related illness operated.
Each jurisdiction has its own rules and mesothelioma statutes of limitations that apply to asbestos cases and wrongful death cases.
Average Settlement for Mesothelioma Victims
It’s natural to wonder what your mesothelioma or asbestos lawsuits would settle for. Unfortunately, there isn’t usually a clear-cut answer, as it depends on various factors. Several considerations can impact the potential outcomes of mesothelioma settlements or trial verdicts:
- Asbestos Exposure Duration: The length and intensity of exposure to asbestos significantly affect the severity of the disease, which in turn influences compensation amounts.
- Available Evidence: The strength of the evidence demonstrating the connection between asbestos exposure and the illness can sway negotiations for settlements or trial outcomes.
- Company’s Financial Stability: The financial condition of the company responsible for the exposure may also affect the settlement amount, especially if they are dealing with multiple asbestos claims.
Settlements vs. Trial Verdicts
Many mesothelioma cases result in settlements, allowing victims to receive compensation without the lengthy process of going to trial. Settlements tend to provide more immediate resolution and certainty regarding compensation amounts.
Choosing to go to trial may result in larger verdicts, sometimes in the millions. However, this path carries unpredictability, along with associated stresses and delays.
A trial verdict may be influenced by jury perceptions regarding the company’s accountability for asbestos exposure, but it can also lead to lower payouts or no payout if the jury finds insufficient evidence.
Anyone planning on filing mesothelioma lawsuits will benefit from the guidance of experienced lawyers familiar with the details of asbestos claims and settlements. With help from a law firm, patients or their families can make informed decisions in pursuing compensation as they deal with the implications of asbestos-related diseases.
Alternatives to Filing a Mesothelioma Lawsuit
While pursuing a traditional mesothelioma lawsuit can be an effective route for obtaining compensation, there are several alternatives that may offer quicker or less complex solutions for asbestos victims and their families. Understanding these options can empower individuals to make informed decisions regarding their claim for asbestos compensation.
Asbestos Trust Fund Claims
Asbestos trust funds were established to provide compensation for individuals who have been diagnosed with asbestos-related diseases, including mesothelioma. These funds were created by companies that faced bankruptcy due to extensive asbestos litigation.
VA Benefits Claims
For veterans who have been diagnosed with mesothelioma or other asbestos diseases, the Department of Veterans Affairs may offer benefits that assist with medical expenses and living costs. The VA recognizes that many veterans experience asbestos exposure during military service, which can lead to significant health issues.
Workers’ Compensation Claims
In some instances, workers who have been exposed to asbestos on the job may qualify for workers’ compensation benefits. These benefits can cover medical expenses and lost wages resulting from an asbestos-related diagnosis without proving negligence. Claims procedures for workers’ compensation vary by state and may be subject to specific statutes of limitations.
Each of these alternatives can provide meaningful avenues for mesothelioma patients and their families seeking compensation for the impact of asbestos exposure.
Working with a Mesothelioma Lawyer
Navigating asbestos claims and lawsuits can be overwhelming for those affected by mesothelioma. Partnering with experienced mesothelioma attorneys can make a significant difference in your pursuit of compensation. Here’s how an asbestos lawyer from our team can assist you:
- Determining the Best State to File an Asbestos Claim: Each state has its own personal injury statutes and rules regarding asbestos claims. Our law firm will help identify the state that offers the most advantageous laws for your case, considering factors like statutes of limitations and asbestos claims statutes.
- Navigating Statutes of Limitations: It’s important to understand the specific personal injury statute surrounding your case. Our lawyers will ensure that you meet all deadlines and requirements so that your asbestos claims do not expire before the necessary paperwork is filed.
- Exploring Alternative Compensation Options: If applicable, we will guide you through the process of filing for benefits from asbestos trust funds or evaluating the potential of a wrongful death claim in tragic cases where a mesothelioma patient dies.
By addressing these elements, our team can support asbestos victims and their families at every stage of the claims process, striving for the compensation they deserve.
Missing the Mesothelioma Lawsuit Deadline
If you find that the statute of limitations for your mesothelioma lawsuit has expired, it may still be possible to explore alternative avenues for recovery. One option could involve filing a claim in another state, as different jurisdictions may have varying statutes of limitations that apply to asbestos claims.
Additionally, if an injured party has passed away, pursuing a wrongful death claim may be another route to consider. The discovery rule might also apply in your circumstances, potentially allowing for later filing if the diagnosis was not made until after the standard mesothelioma lawsuit deadline.
Consulting with an experienced lawyer is important, as they can help assess your specific situation and interpret mesothelioma statutes and the wrongful death statute. Contact Rosenfeld Injury Lawyers today to discuss an asbestos lawsuit and the asbestos claims statute of limitations.
Contact an Experienced Mesothelioma Attorney Today!
If you or a loved one has been affected by mesothelioma, it’s important to seek legal advice as soon as possible. Understanding the statute of limitations is essential because deadlines for filing a claim vary by state and can significantly impact your ability to recover compensation.
Proactively reaching out to a mesothelioma lawyer can help clarify your options and ensure you don’t miss out on potential benefits. The experienced team at Rosenfeld Injury Lawyers is here to discuss your case, provide you with the guidance you need, and help you navigate the legal process.
To discuss the statute of limitations for asbestos-related diseases, call (888) 424-5757 or complete our online contact form.