Mesothelioma, a rare cancer caused by exposure to asbestos, can be devastating to those diagnosed and their families. Fortunately, there is hope for victims to receive compensation for their suffering. Filing a mesothelioma claim can provide financial relief for medical expenses, lost wages, and other damages. However, there are deadlines to file these claims, and it is crucial to understand the timeline to receive the full benefits. Read on to learn everything you need to know about the deadline to file a mesothelioma claim.
What is Mesothelioma?
Mesothelioma is a type of cancer that affects the lining of the lungs, abdomen, or heart. Exposure to asbestos is the primary cause of mesothelioma, and the symptoms usually show up after decades of exposure. Common symptoms include chest pain, shortness of breath, and coughing. If diagnosed early, mesothelioma may be treatable through surgery, chemotherapy, or radiation therapy. However, the prognosis is often poor, and the treatment can be costly.
Understanding the Deadline to File a Mesothelioma Claim
If you or a loved one has been diagnosed with mesothelioma, it is important to file a claim as soon as possible to receive compensation. Each state has a statute of limitations, which is a deadline for filing a claim. The time frame varies by state, but typically, victims have between one to five years from the date of diagnosis or discovery of the disease to file a claim. Missing the deadline can result in losing the rights to receive compensation or a reduced amount.
State-by-State Deadline for Filing a Mesothelioma Claim
| State | Deadline to File a Claim |
|---|---|
| Alabama | 2 years from discovery of illness |
| Alaska | 2 years from discovery of illness or death |
| Arizona | 2 years from discovery of illness |
| Arkansas | 3 years from discovery of illness |
| California | 1 year from discovery of illness, or 1 year from death, or 1 year and 6 months from the date of filing for workers’ compensation claim |
| Colorado | 2 years from discovery of illness |
| Connecticut | 3 years from discovery of illness |
| Delaware | 2 years from discovery of illness |
| Florida | 4 years from discovery of illness or 4 years from death |
| Georgia | 2 years from discovery of illness |
| Hawaii | 2 years from discovery of illness, or 2 years from death, or 5 years from last exposure |
| Idaho | 2 years from discovery of illness or death |
| Illinois | 2 years from discovery of illness |
| Indiana | 2 years from discovery of illness |
| Iowa | 2 years from discovery of illness |
| Kansas | 2 years from discovery of illness |
| Kentucky | 1 year from discovery of illness or death |
| Louisiana | 1 year from discovery of illness, or 1 year from death |
| Maine | 6 years from last exposure or last exposure of a manufacturer’s product |
| Maryland | 3 years from discovery of illness or death |
| Michigan | 3 years from discovery of illness, or 3 years if caused by asbestos in a building owned and operated by a government entity |
| Minnesota | 4 years from discovery of illness or death |
| Mississippi | 3 years from discovery of illness |
| Missouri | 5 years from discovery of illness or death |
| Montana | 3 years from discovery of illness |
| Nebraska | 4 years from discovery of illness or death |
| Nevada | 2 years from discovery of illness |
| New Hampshire | 3 years from discovery of illness or death |
| New Jersey | 2 years from discovery of illness or 2 years from discovery of the relationship between the illness and asbestos exposure |
| New Mexico | 3 years from discovery of illness, or 3 years from death |
| New York | 3 years from discovery of illness or death |
| North Carolina | 3 years from discovery of illness or death |
| North Dakota | 6 years from last exposure, or 6 years from the time of diagnosis, or 2 years from the date of death, whichever is later |
| Ohio | 2 years from discovery of illness, or 2 years from death |
| Oklahoma | 2 years from discovery of illness or death |
| Oregon | 3 years from discovery of illness, or 3 years from death |
| Pennsylvania | 2 years from discovery of illness or death |
| Rhode Island | 3 years from discovery of illness or death |
| South Carolina | 3 years from discovery of illness or death |
| South Dakota | 3 years from discovery of illness or death |
| Tennessee | 1 year from discovery of illness or death |
| Texas | 2 years from discovery of illness or death |
| Utah | 3 years from discovery of illness or death |
| Vermont | 3 years from discovery of illness or death |
| Virginia | 2 years from discovery of illness |
| Washington | 3 years from discovery of illness |
| West Virginia | 2 years from discovery of illness, or 2 years from death, or 6 months from the date of settling a workers’ compensation claim |
| Wisconsin | 3 years from discovery of illness, or 5 years from the last exposure |
| Wyoming | 4 years from discovery of illness |
FAQs
What happens if I miss the deadline to file a mesothelioma claim?
If you miss the deadline, you may lose your right to receive compensation or receive a reduced amount. It is crucial to contact an experienced mesothelioma lawyer as soon as possible to ensure that you meet all the deadlines and receive maximum compensation.
How long does it take to receive compensation after filing a mesothelioma claim?
The time frame for receiving compensation varies depending on the case’s complexity and the court’s schedules. It can take anywhere from several months to years to receive compensation. An experienced mesothelioma lawyer can provide a more accurate estimate based on your individual case.
Do I need to go to court to file a mesothelioma claim?
Not necessarily. Most mesothelioma claims are settled out of court through negotiations between the lawyers and the defendants. However, if a settlement cannot be reached, the case may go to court.
Do I need to pay upfront fees to file a mesothelioma claim?
No, most mesothelioma lawyers work on a contingency fee basis, which means they only get paid if you receive compensation.
Can I file a mesothelioma claim on behalf of a deceased loved one?
Yes, you can file a mesothelioma claim on behalf of a loved one who has passed away due to mesothelioma. The deadline to file the claim may vary depending on the state and the time of the death.
How much compensation can I receive from a mesothelioma claim?
The amount of compensation varies depending on several factors, such as the severity of the illness, the duration of the exposure, and other damages. An experienced mesothelioma lawyer can provide an estimate based on your individual case.
Can I file a mesothelioma claim if I was exposed to asbestos at multiple jobs?
Yes, you can file a mesothelioma claim if you were exposed to asbestos at multiple jobs. Your lawyer can help you identify all potential sources of exposure and file claims against each defendant.
How long do I have to file a mesothelioma claim after a loved one’s death?
The deadline to file a mesothelioma claim after a loved one’s death varies depending on the state and the time of death. It is crucial to contact an experienced mesothelioma lawyer as soon as possible to ensure that you meet all the deadlines and receive maximum compensation.
Do veterans qualify for mesothelioma compensation?
Yes, veterans who were exposed to asbestos during their military service may be eligible for mesothelioma compensation through the Department of Veterans Affairs (VA) claims process.
How can I find an experienced mesothelioma lawyer?
You can find experienced mesothelioma lawyers through online directories, referrals from friends or family, or by contacting mesothelioma advocacy organizations. Make sure to choose a lawyer with a proven track record of success in handling mesothelioma cases.
Can I file a mesothelioma claim even if the company that exposed me to asbestos is no longer in business?
Yes, you can still file a mesothelioma claim even if the company that exposed you to asbestos is no longer in business. Your lawyer can help you file a claim against the company’s insurance or other liable parties.
How do I start the process of filing a mesothelioma claim?
The first step in filing a mesothelioma claim is to consult with an experienced mesothelioma lawyer. Your lawyer can help you gather all the necessary documents and information and guide you through the legal process.
Do I need to prove that the company I worked for exposed me to asbestos?
Yes, you need to prove that the company you worked for exposed you to asbestos. Your lawyer can help you gather evidence to support your claim, such as medical records, employment records, and eyewitness accounts.
Conclusion
Filing a mesothelioma claim can provide much-needed financial relief for those diagnosed with this devastating cancer. However, it is crucial to understand the deadlines to file these claims to receive maximum compensation. Each state has a different deadline to file, and missing the deadline can result in losing the rights to receive compensation or a reduced amount. Contact an experienced mesothelioma lawyer as soon as possible to ensure that you meet all the deadlines and receive the compensation you deserve.
Remember, mesothelioma is a serious cancer that can be caused by exposure to asbestos. If you or a loved one has been diagnosed with mesothelioma, take action now to protect your rights and seek compensation. Contact an experienced mesothelioma lawyer today to learn more about your legal options.
Disclaimer
This article is for informational purposes only and should not be construed as legal advice. Consult with an experienced mesothelioma lawyer for guidance on your individual case.
