A statute of limitations is a law that sets a maximum time limit for initiating legal action. The mesothelioma statute of limitations includes lawsuits over personal injury and wrongful death. Rely on an experienced mesothelioma lawyer to ensure you don’t miss the opportunity to make a case for justice and compensation after harmful asbestos exposure.
But mesothelioma claims are more complex than many other after death asbestos lawsuit claims, and the statute of limitations issue is a frequent bone of contention in court. Challenges of Statute of Limitations in Mesothelioma Claims. In most personal injury cases, applying the state statute of limitations is fairly easy.
Understanding the Mesothelioma Statute of Limitations Laws. A statute of limitations is a legal term for how long an individual has to file a legal claim after a designated incident. In this case, the incident is either a diagnosis of mesothelioma or a death as a result of mesothelioma.
Pegging the Starting Point for a Mesothelioma Statute of Limitations. Usually, the statute of limitations for a mesothelioma claim (as with all other personal injury claims), the clock begins ticking when an individual is injured. However, because mesothelioma can go without detection for up to 40 years, often with a plaintiff not knowing at ...
Another challenge with the statute of limitations for a mesothelioma claim is determining in which state the lawsuit needs to be filed. Which state that the suit is filed in can depend upon these factors: Where the person lives or lived Possible job sites or military facilities where the exposure may have happened Where the responsible ...
Statute of Limitations Basics. One purpose of the statute of limitations is to keep people from suing over something that occurred many years ago. For asbestos cases, most states have statutory time limits of two, three, or four years. In a wrongful death asbestos case, a "survival" statute might apply, setting a different deadline altogether.
This includes mesothelioma lawsuit statutes of limitations. For mesothelioma cases, statutes of limitations do not follow the traditional rules. Statutes of limitations for mesothelioma claims are difficult to determine because it’s harder to pinpoint location and time exposure. Symptoms do not arise until 20-50 years after exposure to asbestos.
Most states have a statute of limitations of 2 or 3 years, though some states require claims to be filed as much as 6 years or as little as 1 year after death or diagnosis of mesothelioma. It’s important to understand the statute of limitations for each state to ensure claims are filed on time.
Why Statutes of Limitations Are Difficult to Apply to Asbestos Claims In most legal cases, applying a statute of limitations is a very straightforward affair. It is a form of personal injury claim, and in most other such cases, the statute clock starts ticking as soon as the injury is sustained.
Know the Statutes of Limitations for Mesothelioma Claims. Asbestos-related diseases have long latency periods, meaning it can take decades — in some cases more than 50 years — for the onset of symptoms and a diagnosis to occur.