Asbestos exposure is a severe problem that leads to mesothelioma cancer. Many people suffer from this life-threatening disease because of their exposure to asbestos, and they have the right to claim for compensation. However, there are limitations on the time frame in which they can file a lawsuit. In this article, we will discuss the statute of limitations on mesothelioma claims and its impact on victims.
What is Mesothelioma?
Mesothelioma is a type of cancer that affects the lining of the lungs, heart, or abdomen. It is caused by exposure to asbestos, which is a mineral that was widely used in industries for its fire-resistant properties. Once inhaled, asbestos fibers can stay in the body for decades, leading to various respiratory and mesothelioma-related diseases.
How Does Mesothelioma Affect Victims?
Victims of mesothelioma suffer from severe health issues that have a significant impact on their daily life. The disease symptoms include difficulty breathing, chest pain, weight loss, fatigue, and coughing up blood. Mesothelioma can also affect the quality of life of the patient and their family by causing emotional distress and financial difficulties.
What is the Statute of Limitations on Mesothelioma Claims?
The statute of limitations is a legal term that refers to the time frame in which a person can file a lawsuit. In the case of mesothelioma claims, it varies from state to state. Generally, the statute of limitations for filing a mesothelioma claim ranges from one to five years from the date of diagnosis or death.
Why Is There a Statute of Limitations on Mesothelioma Claims?
The statute of limitations on mesothelioma claims is in place to ensure that defendants are not unfairly disadvantaged by a claim that is filed too far in the future. This is because the longer the time frame between the asbestos exposure and the filing of a lawsuit, the more difficult it becomes to prove and defend the claim.
What Happens If I File a Mesothelioma Claim After the Statute of Limitations?
If you file a mesothelioma claim after the statute of limitations has expired, your case may be dismissed. This means that you will not be able to receive any compensation for your injuries or damages. It is essential to file a lawsuit within the time frame set by the state law to avoid losing your right to sue.
What Are the Exceptions to the Statute of Limitations on Mesothelioma Claims?
There are some exceptions to the statute of limitations on mesothelioma claims. For instance, some states allow victims to file a lawsuit within a specific time period after the discovery of their disease, regardless of the initial diagnosis date. Additionally, some states have a “discovery rule,” which means that the statute of limitations starts from the date of discovery of the disease, rather than the initial diagnosis date.
Mesothelioma Claims Statute of Limitations by States
| State | Statute of Limitations |
|---|---|
| Alabama | 2 years |
| Alaska | 2 years |
| Arizona | 2 years |
| Arkansas | 3 years |
| California | 1 year |
| Colorado | 2 years |
| Connecticut | 3 years |
| Delaware | 2 years |
| Florida | 4 years |
| Georgia | 2 years |
| Hawaii | 2 years |
| Idaho | 2 years |
| Illinois | 2 years |
Mesothelioma Claims FAQ
1. How long do I have to file a mesothelioma claim?
The statute of limitations for filing a mesothelioma claim varies from state to state, but it usually ranges from one to five years from the date of diagnosis or death.
2. What if I don’t know when I was exposed to asbestos?
If you don’t know when you were exposed to asbestos, you should contact a mesothelioma lawyer. They can investigate your case and help you identify the source of your exposure.
3. Can I file a claim on behalf of a deceased loved one?
Yes, you can file a claim on behalf of a deceased loved one. However, the time frame for filing a wrongful death claim may be different from the mesothelioma claim.
4. Can I still file a claim if the company that exposed me to asbestos is no longer in business?
Yes, you can still file a claim even if the company that exposed you to asbestos is no longer in business. Your mesothelioma lawyer can help you identify the appropriate parties responsible for your exposure.
5. What damages can I claim in a mesothelioma lawsuit?
You can claim various damages in a mesothelioma lawsuit, including medical expenses, lost wages, pain and suffering, disability, and emotional distress.
6. How long does it take to resolve a mesothelioma lawsuit?
The duration of a mesothelioma lawsuit depends on various factors, including the complexity of the case, the number of defendants, and the court’s schedule. It can take several months to several years to resolve a mesothelioma lawsuit.
7. Do I need to go to court for a mesothelioma lawsuit?
Not necessarily. Many mesothelioma lawsuits are settled out of court through negotiations with the defendants or their insurance companies. However, some cases may require a trial in court.
8. Can I file a mesothelioma claim if I am still employed by the company that exposed me to asbestos?
Yes, you can still file a mesothelioma claim if you are still employed by the company that exposed you to asbestos. Your current employment status does not affect your right to compensation.
9. Can I file a mesothelioma claim if I am already receiving workers’ compensation?
Yes, you can file a mesothelioma claim even if you are already receiving workers’ compensation. However, you may need to coordinate with your workers’ compensation provider to avoid any conflicts.
10. How much compensation can I receive for a mesothelioma claim?
The amount of compensation you can receive for a mesothelioma claim varies from case to case. It depends on various factors, such as the severity of your disease, the extent of your damages, and the parties responsible for your exposure.
11. Can I file a mesothelioma claim if I smoked?
Yes, you can still file a mesothelioma claim if you smoked. However, your compensation may be reduced based on your smoking history and its contribution to your disease.
12. Can I file a mesothelioma claim if I have no symptoms?
Yes, you can file a mesothelioma claim if you have no symptoms. However, you may need to provide evidence of your exposure to asbestos and the potential risks it poses to your health.
13. What can I do to protect myself from mesothelioma?
You can protect yourself from mesothelioma by avoiding exposure to asbestos. If you work in industries that may expose you to asbestos, make sure to follow proper safety guidelines, such as wearing protective clothing, using respiratory equipment, and avoiding direct contact with asbestos-containing materials.
Conclusion
Mesothelioma is a severe disease that can lead to severe health issues and financial difficulties. Victims of mesothelioma have the right to claim compensation for their injuries, but they must file a lawsuit within the statute of limitations set by their state. It is essential to consult with a mesothelioma lawyer to understand your legal options and protect your rights.
Don’t wait until it’s too late. If you or a loved one has been diagnosed with mesothelioma, you need to act fast to secure your financial future. Contact a mesothelioma lawyer today to discuss your legal options and start your journey towards justice.
Disclaimer
The information provided in this article is for educational purposes only and does not constitute legal advice. It is not intended to replace the advice of a qualified mesothelioma lawyer. If you have any questions or concerns about your legal rights, please consult a mesothelioma lawyer.
