Mesothelioma Statute of Limitations
Mesothelioma victims have a limited amount of time to file a claim. These statutes of limitations vary by state but typically offer victims only 2 to 3 years to act. Contact us today to learn more about your potential eligibility.
The statute of limitations is the legal deadline governing the amount of time claimants have to file a claim or lawsuit. Once this time limit passes, victims are no longer eligible to pursue legal compensation, potentially leaving them without the financial resources they need.
Each state sets its own statute of limitations. Some states offer up to six years for victims to file a mesothelioma claim, while others allow just one. The average is only two to three years. The stature of limitations may also vary depending on whether a victim is filing a personal injury claim or a wrongful death claim.
Victims eligible to pursue compensation from multiple asbestos companies may need to file claims in several states, but navigating competing deadlines can be challenging. We can help you determine your eligibility for compensation and connect you with legal experts prepared to help you handle every step of the claims process. Contact us to get started today.
Why This Matters
The statute of limitations is not a suggestion. It is a strict legal deadline that sets the time limit for filing a claim. Once the statute of limitations has passed, so has a claimant’s opportunity to seek compensation.
A mesothelioma diagnosis is devastating for many reasons. While filing a claim cannot reverse the physical or emotional harm done to a victim or their family, it can provide critical financial resources to help pay for treatment, compensate for lost wages, and create future economic stability.
The clock starts ticking from the moment of diagnosis or death, requiring mesothelioma patients and their families to act quickly to secure legal compensation. However, you don’t have to try to handle filing alone. Asbestos litigation experts, such as our partner law firm, Meirowitz & Wasserberg, can provide essential support throughout the claims process.
Personal Injury vs. Wrongful Death
There are two primary types of mesothelioma claims. Personal injury claims are filed by living mesothelioma victims against the negligent asbestos companies that harmed them. They allow victims to seek compensation for both tangible and intangible losses, such as medical expenses, lost wages, reduced earning potential, and pain and suffering.
Surviving family members can file wrongful death claims against those responsible for the loss of their loved one. Wrongful death claims can provide compensation for economic and non-economic damages, such as end-of-life care, funeral expenses, loss of inheritance, and loss of companionship.
Although many states provide victims with an equal amount of time regardless of claim type, some differ significantly. For example, North Dakota allows victims six years to file a personal injury claim but only two years to file a wrongful death claim.
Statute of Limitations by State
Some states have more generous statutes of limitations than others. We’ve compiled a table below of the personal injury and wrongful death claim deadlines in each state. If you’re worried the deadline may have already passed in your state, don’t give up. It may still be possible to file in another state connected to your work history or the defendant company.
The asbestos litigation experts at our partner law firm specialize in helping clients navigate these complexities as efficiently and effectively as possible, always pursuing the maximum compensation with the minimum client stress.
| State | Time to File a Personal Injury Claim | Time to File a Wrongful Death Claim |
|---|---|---|
| Alabama | 2 years from diagnosis | 2 years from passing |
| Alaska | 2 years from diagnosis | 2 years from passing |
| Arizona | 2 years from diagnosis | 2 years from passing |
| Arkansas | 3 years from diagnosis | 2 years from passing |
| California | 1 year from diagnosis | 1 year from passing |
| Colorado | 2 years from diagnosis | 2 years from passing |
| Connecticut | 3 years from diagnosis | 3 years from passing |
| Delaware | 2 years from diagnosis | 2 years from passing |
| Florida | 4 years from diagnosis | 2 years from passing |
| Georgia | 2 years from diagnosis | 2 years from passing |
| Hawaii | 2 years from diagnosis | 2 years from passing |
| Idaho | 2 years from diagnosis | 2 years from passing |
| Illinois | 2 years from diagnosis | 2 years from passing |
| Indiana | 2 years from diagnosis | 2 years from passing |
| Iowa | 2 years from diagnosis | 2 years from passing |
| Kansas | 2 years from diagnosis | 2 years from passing |
| Kentucky | 1 year from diagnosis | 1 year from passing |
| Louisiana | 1 year from diagnosis | 1 year from passing |
| Maine | 6 years from diagnosis | 2 years from passing |
| Maryland | 3 years from diagnosis | 3 years from passing |
| Massachusetts | 3 years from diagnosis | 3 years from passing |
| Michigan | 3 years from diagnosis | 3 years from passing |
| Minnesota | 4 years from diagnosis | 3 years from passing |
| Mississippi | 3 years from diagnosis | 3 years from passing |
| Missouri | 5 years from diagnosis | 3 years from passing |
| Montana | 3 years from diagnosis | 3 years from passing |
| Nebraska | 4 years from diagnosis | 2 years from passing |
| New Hampshire | 3 years from diagnosis | 3 years from passing |
| New Jersey | 2 years from diagnosis | 2 years from passing |
| New Mexico | 3 years from diagnosis | 3 years from passing |
| New York | 3 years from diagnosis | 2 years from passing |
| North Carolina | 3 years from diagnosis | 2 years from passing |
| North Dakota | 6 years from diagnosis | 2 years from passing |
| Ohio | 2 years from diagnosis | 2 years from passing |
| Oklahoma | 2 years from diagnosis | 2 years from passing |
| Oregon | 3 years from diagnosis | 3 years from passing |
| Pennsylvania | 2 years from diagnosis | 2 years from passing |
| Rhode Island | 3 years from diagnosis | 3 years from passing |
| South Carolina | 3 years from diagnosis | 3 years from passing |
| South Dakota | 3 years from diagnosis | 3 years from passing |
| Tennessee | 1 year from diagnosis | 1 year from passing |
| Texas | 2 years from diagnosis | 2 years from passing |
| Utah | 3 years from diagnosis | 2 years from passing |
| Vermont | 3 years from diagnosis | 2 years from passing |
| Virginia | 2 years from diagnosis | 2 years from passing |
| Washington | 3 years from diagnosis | 3 years from passing |
| Washington D.C. | 3 years from diagnosis | 1 year from passing |
| West Virginia | 2 years from diagnosis | 2 years from passing |
| Wisconsin | 3 years from diagnosis | 3 years from passing |
| Wyoming | 4 years from diagnosis | 2 years from passing |
Get Help Today
The grief and stress caused by a mesothelioma diagnosis can be overwhelming. Many victims and their families find themselves buried under an avalanche of physical, emotional, and financial burdens that can make it challenging to think about anything besides surviving the next day.
Unfortunately, the legal system does not give victims unlimited time to seek justice and compensation. The statute of limitations in mesothelioma cases sets clear deadlines that victims must meet to file a claim. We can help you determine your eligibility for compensation quickly, helping put you on the path towards recovery and stability.
We’ll connect you with resources and legal experts at our partner law firm who can help ensure your case meets critical deadlines. The legal team at Meirowitz & Wasserberg has decades of experience assisting clients like you, securing millions in compensation for victims and their loved ones. Reach out now to learn more about how we can help you get what you are due.