What to Know About the Asbestos Statute of Limitations

If you’re preparing to file an asbestos claim, chances are you’ve come across the term “statute of limitations” more than a couple of times. This guide explains everything you need to know about the statute of limitations for asbestos lawsuits and how they vary. Let’s dive in. 

 As soon as you get diagnosed with an illness directly caused by asbestos exposure, you’re on a ticking clock. An asbestos statute of limitations is the legal representation of that clock. 

It is a law that sets out the maximum amount of time you have to file an asbestos claim. Understanding how it works and how it varies is crucial for those filing a personal injury or wrongful death lawsuit.

In most states, the statute of limitations for mesothelioma personal injury claims is 1 to 3 years. However, some states have shorter time limits. For instance, California and Tennessee only allow 1 year. 

On the other hand, states like Maine, Minnesota, and North Dakota offer as much as 6 years to file personal injury lawsuits.

If your state-specific statute of limitations deadline has passed, your right to file an asbestos claim becomes invalid. This is why it’s important to talk to your attorney as soon as possible.

Let’s say you live in California but were exposed to asbestos while you were working in North Dakota. An asbestos attorney will determine which jurisdiction’s statutes apply to your lawsuit. 

There are four types of claims under asbestos litigation. Each has varying timelines. Here’s a brief breakdown:

Class action lawsuit – the statute of limitations is usually between 1 and 3 years. The clock starts ticking the day you’re medically diagnosed.

Personal injury claim – the statute of limitations begins on the day you receive a confirmed diagnosis after an initial biopsy. A personal injury claim is filed by an individual who has been diagnosed with asbestos-related illness, such as mesothelioma or advanced lung cancer.  

Wrongful death claim – it is filed by an individual whose loved one has passed away due to an asbestos-related illness. The statute of limitations begins on the day of the patient’s death. 

Trust fund claim – it is filed against a company responsible for asbestos exposure. Each trust fund has its own statute of limitations. 

It’s pretty simple: The sooner you file, the faster you will get compensated. Even if you’re months away from the statute of limitations date, get in touch with a reputable law firm like ELSM Law. They will assess the strengths and weaknesses of your case and collect evidence to build a strong claim. 

Filing early will also give your attorney a chance to gather expert statements. This will help them better highlight the medical and emotional toll of an asbestos-related illness. All in all, an asbestos claim must be filed within the given timeline to ensure smooth proceedings.