What are the Statute of Limitations Regarding Mesothelioma Cases?
When someone is exposed to asbestos and later diagnosed with mesothelioma, the potential for legal action is available in many of the cases. However, there are countless situations in which the affected individual and his or her family fail to take action before the statute of limitations expires.
Understanding how long individuals have to take legal action following a mesothelioma diagnosis is important. It helps to protect your rights and allows you to step forward when you or your loved one to hold the negligent party accountable and pursue compensation.
Statute of Limitations for Personal Injury Cases
The statute of limitations varies by state and begins when the individual is officially diagnosed with mesothelioma. Because mesothelioma has a latency period, there’s no timeline following the actual exposure to asbestos.
Depending on the state in which you need to file, the statute of limitations can range from 1 year after diagnosis (in states like California, Kentucky, and Louisiana) to 6 years after diagnosis (in states like North Dakota and Maine).
Statute of Limitations for Wrongful Death Cases
Not everyone is diagnosed with mesothelioma prior to their death and the illness often isn’t found until after the affected individual has passed away. In wrongful death mesothelioma cases, the statute of limitations begins from the date of the victim’s death.
The amount of time a family has to file a lawsuit varies by state ranging from one to three years. This means that from the date your loved one has passed away, you can have one year (California, Tennessee, Kentucky, and Louisiana) up to three years (New Mexico, Oregon, South Carolina, etc.) to take legal action.
At Shrader & Associates, we aim to help mesothelioma patients seek the compensation they need—or help the families of those who have passed away as a result of asbestos exposure. We recognize the various statutes concerning mesothelioma and what needs to be done to build a strong case.
Our mesothelioma lawyers are dedicated to your best interests and we’ll work hard to protect your rights every step of the way. Trust that we’re here for you and are ready to go the extra mile to pursue your rightful compensation.