🚨 Don’t Miss Out on Your Chance for Compensation 🚨
Greetings, readers. If you or someone you know has been diagnosed with mesothelioma, it’s important to know your rights and the legal options available to you. Mesothelioma is a rare and aggressive form of cancer caused by exposure to asbestos. Asbestos was widely used in construction and other industries throughout the 20th century, and can take decades to manifest into mesothelioma. Unfortunately, this means that many people are diagnosed with mesothelioma long after their exposure to asbestos has occurred.
If you’re considering filing a mesothelioma lawsuit, it’s crucial to understand the statute of limitations for your case. The statute of limitations is a time limit for bringing a lawsuit. In mesothelioma cases, the statute of limitations begins to run from the date of diagnosis or the date the victim knew or should have known that their illness was caused by asbestos exposure. However, each state has different laws regarding the statute of limitations for mesothelioma cases, so it’s important to consult with an experienced mesothelioma attorney to determine your specific time limit.
State | Statute of Limitations |
---|---|
Alabama | 2 years from date of diagnosis |
Alaska | 2 years from date of diagnosis |
Arizona | 2 years from date of diagnosis |
Arkansas | 3 years from date of diagnosis |
California | 1 year from date of diagnosis |
Colorado | 2 years from date of diagnosis |
Connecticut | 3 years from date of diagnosis |
Delaware | 2 years from date of diagnosis |
Florida | 4 years from date of diagnosis |
Georgia | 2 years from date of diagnosis |
Hawaii | 2 years from date of diagnosis |
Idaho | 2 years from date of diagnosis |
Illinois | 2 years from date of diagnosis |
Indiana | 2 years from date of diagnosis |
Iowa | 2 years from date of diagnosis |
Kansas | 2 years from date of diagnosis |
Kentucky | 1 year from date of diagnosis |
Louisiana | 1 year from date of diagnosis |
Maine | 6 years from date of exposure |
Maryland | 3 years from date of diagnosis |
Massachusetts | 3 years from date of diagnosis |
Michigan | 3 years from date of diagnosis |
Minnesota | 4 years from date of diagnosis |
Mississippi | 3 years from date of diagnosis |
Missouri | 5 years from date of exposure, 10 years from date of diagnosis |
Montana | 3 years from date of diagnosis |
Nebraska | 4 years from date of diagnosis |
Nevada | 2 years from date of diagnosis |
New Hampshire | 3 years from date of diagnosis |
New Jersey | 2 years from date of diagnosis |
New Mexico | 3 years from date of diagnosis |
New York | 3 years from date of diagnosis |
North Carolina | 3 years from date of diagnosis |
North Dakota | 6 years from date of diagnosis |
Ohio | 2 years from date of diagnosis |
Oklahoma | 2 years from date of diagnosis |
Oregon | 3 years from date of diagnosis |
Pennsylvania | 2 years from date of diagnosis |
Rhode Island | 3 years from date of diagnosis |
South Carolina | 3 years from date of diagnosis |
South Dakota | 3 years from date of diagnosis |
Tennessee | 1 year from date of diagnosis |
Texas | 2 years from date of diagnosis |
Utah | 3 years from date of diagnosis |
Vermont | 3 years from date of diagnosis |
Virginia | 2 years from date of diagnosis |
Washington | 3 years from date of diagnosis |
West Virginia | 2 years from date of diagnosis |
Wisconsin | 3 years from date of diagnosis |
Wyoming | 4 years from date of diagnosis |
FAQs About Mesothelioma Statute of Limitations Appeals
1. What is the statute of limitations for mesothelioma?
The statute of limitations for mesothelioma varies by state, ranging from one to ten years from the date of diagnosis or the date the victim knew or should have known their illness was caused by asbestos exposure.
2. What happens if the statute of limitations has passed?
If the statute of limitations has passed, you may no longer be able to file a lawsuit seeking compensation for your mesothelioma. However, there may be other legal options available to you, such as seeking compensation from an asbestos trust fund.
3. Can the statute of limitations be extended?
In some cases, the statute of limitations may be extended due to factors such as the victim’s age, mental capacity, or military service. Consult with an experienced mesothelioma attorney to determine if an extension is possible in your case.
4. Can family members file a lawsuit after the death of a loved one from mesothelioma?
Yes, family members may be able to file a wrongful death lawsuit on behalf of their loved one who passed away from mesothelioma. The statute of limitations for wrongful death lawsuits varies by state and can range from one to three years.
5. Do I need to live in the same state where the exposure occurred to file a lawsuit?
No, you do not need to live in the same state where the exposure occurred to file a lawsuit. You can file a lawsuit in any state where you have lived or worked, or where the company responsible for your exposure has operations.
6. How long does it take to resolve a mesothelioma lawsuit?
The length of time it takes to resolve a mesothelioma lawsuit can vary depending on the specifics of the case, including whether the case goes to trial or is settled out of court. However, it’s important to work with an experienced mesothelioma attorney who can help guide you through the legal process and work to get you the compensation you’re entitled to as quickly as possible.
7. What damages can I recover in a mesothelioma lawsuit?
You may be able to recover damages such as medical expenses, lost wages, pain and suffering, and more in a mesothelioma lawsuit. An experienced mesothelioma attorney can help you determine the damages you may be entitled to based on the specifics of your case.
8. Can I file a mesothelioma lawsuit if I was exposed to asbestos at a family member’s workplace?
Yes, you may be able to file a mesothelioma lawsuit if you were exposed to asbestos at a family member’s workplace. The same statute of limitations and legal options apply in these cases as in cases where the victim was exposed at their own workplace.
9. How much does it cost to file a mesothelioma lawsuit?
Most mesothelioma attorneys work on a contingency fee basis, which means they only get paid if you receive compensation for your case. The exact percentage that the attorney will receive varies by firm, so it’s important to discuss fees with your attorney upfront.
10. Can I still file a lawsuit even if my asbestos exposure occurred decades ago?
Yes, you may still be able to file a lawsuit even if your asbestos exposure occurred decades ago. Asbestos-related illnesses such as mesothelioma can take years or even decades to manifest, so the statute of limitations generally begins to run from the date of diagnosis or the date the victim knew or should have known their illness was caused by asbestos exposure.
11. What should I look for in a mesothelioma attorney?
When selecting a mesothelioma attorney, it’s important to choose someone with experience handling mesothelioma cases specifically. Look for an attorney who has a track record of success in mesothelioma litigation and who is knowledgeable about the specific laws and regulations surrounding mesothelioma cases in your state.
12. How can I find a qualified mesothelioma attorney?
You can find a qualified mesothelioma attorney by researching firms online, reading reviews, and asking for referrals from other mesothelioma patients and their families. It’s also a good idea to schedule consultations with multiple attorneys to find the best fit for you and your case.
13. What is the first step in filing a mesothelioma lawsuit?
The first step in filing a mesothelioma lawsuit is to contact an experienced mesothelioma attorney for a consultation. Your attorney will review your case and help you determine the best course of action to pursue compensation for your illness.
Take Action Today to Protect Your Rights
Don’t let the statute of limitations expire on your chance for compensation. If you or a loved one has been diagnosed with mesothelioma, contact an experienced mesothelioma attorney today to discuss your legal options. With the right legal representation, you can fight for the compensation you’re entitled to and hold those responsible for your illness accountable.
Thank you for reading.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult with an experienced mesothelioma attorney to determine your specific legal options.