Each year, thousands of Americans are diagnosed with mesothelioma, which is only caused by asbestos exposure. If you served in the military, worked in construction, or had a job in a manufacturing facility or any other blue-collar trade, or had a loved one who did, you could have been exposed to asbestos.
It is crucial to understand that you have options for legal recourse when you develop mesothelioma after asbestos exposure. However, there are time limits on these cases. Our team of experienced lawyers can answer your questions about the statute of limitations for mesothelioma claims and help you pursue the compensation you deserve.
Mesothelioma is cancer that attacks the protective membrane surrounding several internal organs such as the heart, stomach, testes, and lungs. It is found primarily pleural that surrounds and protects the lungs. Symptoms include:
A mesothelioma diagnosis typically occurs between 20 to 40 years, or longer, after asbestos exposure. Asbestos refers to fibrous minerals that have been used to fireproof, strengthen, or insulate fabric and other products such as drainpipes, siding, tiles, and brake pads. Mesothelioma is caused by breathing in asbestos fibers.
The statute of limitations allocates the time a prospective plaintiff has by law to file a civil lawsuit or claim with an asbestos bankruptcy trust. Mesothelioma cases can be filed as personal injury, product liability, or wrongful death lawsuits by family members, as well as workers compensation claims and claims with asbestos bankruptcy trusts. In cases involving veterans, an attorney will generally target the manufacturers who contracted with the military to provide asbestos products.
Statutes are set by each state and generally range from one to three years. Some states allow complaints to be filed within four, five, or six years, but waiting this long can risk losing the ability to recover compensation at all.
Prospective plaintiffs who do not file in time might consider filing in another state with a longer Statute of Limitations. These laws are complicated, and an experienced attorney knows the timeline for filing mesothelioma claims.
Mesothelioma is a slow-growing cancer. The average patient is diagnosed at age 65, after exposure to asbestos an average of 40 years earlier. States have addressed this problem by structuring statutes of limitations to begin tolling at the time of diagnosis, not when the plaintiff was exposed.
Unfortunately, mesothelioma is aggressive. Only 8 percent of those diagnosed at age 65 live to age 70. If a loved one dies from an asbestos-related disease, family members could file a wrongful death lawsuit with the help of a compassionate lawyer.
Many questions arise when you or a loved one is diagnosed with mesothelioma. You might be unsure of whether you are eligible for compensation if you are diagnosed decades after being exposed to asbestos in the workplace. We are here to help.
State laws set limitations on how soon you must file a complaint to be compensated by the business responsible for your condition. Legislators in every state recognize that some conditions are not discovered until symptoms display themselves years and even decades later. If you have been diagnosed with mesothelioma but have not worked around asbestos for years, call us. We can help you understand the statute of limitations on mesothelioma claims and walk you through your legal options.