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What Does the Statute of Limitations Mean for My Asbestos Case?

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The statute of limitations refers to the amount of time you have to file an asbestos claim after diagnosis. It varies between one and six years, depending on the state you live in.

answered by Gregory A. Cade

Statutes by State

The following list provides each state’s statute of limitations for asbestos claims, as well as for wrongful death lawsuits. Asbestos claims and wrongful death lawsuits submitted after the time limit had been exceeded will not be processed.

statestatute of limitations for asbestos claimsstatute of limitations for wrongful death lawsuits
Alabama 2 years 2 years
Alaska 2 years 2 years
Arizona 2 years 2 years
Arkansas 3 years 3 years
California 1 year 1 year
Colorado 2 years 2 years
Connecticut 3 years 3 years
Delaware 2 years 2 years
Florida 4 years 2 years
Georgia 2 years 2 years
Hawaii 2 years 2 years
Idaho 2 years 2 years
Illinois 2 years 2 years
Indiana 2 years 2 years
Iowa 2 years 2 years
Kansas 2 years 2 years
Kentucky 1 year 1 year
Louisiana 1 year 1 year
Maine 6 years 2 years
Maryland 3 years 3 years
Massachusetts 3 years 3 years
Michigan 3 years 3 years
Minnesota 4 years 3 years
Mississippi 3 years 3 years
Missouri 5 years 3 years
Montana 3 years 3 years
Nebraska 4 years 2 years
Nevada 2 years 2 years
New Hampshire 3 years 3 years
New Jersey 2 years 2 years
New Mexico 3 years 3 years
New York 3 years 2 years
North Carolina 3 years 2 years
North Dakota 6 years 2 years
Ohio 2 years 2 years
Oklahoma 2 years 2 years
Oregon 3 years 3 years
Pennsylvania 2 years 2 years
Rhode Island 3 years 3 years
South Carolina 3 years 3 years
South Dakota 3 years 3 years
Tennessee 1 year 1 year
Texas 2 years 2 years
Utah 3 years 2 years
Vermont 3 years 2 years
Virginia 2 years 2 years
Washington 3 years 3 years
Washington, D.C. 3 years 1 year
West Virginia 2 years 2 years
Wisconsin 3 years 3 years
Wyoming 4 years 2 years

You only have a limited amount of time to file an asbestos claim

While asbestos trust funds represent a great source of financial compensation for the victims of occupational asbestos exposure, they also entail a series of eligibility requirements, as well as a strict time limit. In the context of asbestos litigation, the statute of limitations refers to the period of time during which one can seek financial compensation from asbestos trust funds. Thus, if you were diagnosed with mesothelioma, lung cancer or asbestosis as a consequence of asbestos exposure in the workplace, your asbestos claim must be submitted within a certain period of time in order to be approved by the board of trustees. Otherwise, you will not be able to recover compensation for your injury.

The statute of limitations for asbestos claims is different for each state. It varies between one and six years. If you fail to submit your asbestos claim within the period of time specific to your state, it will not be processed and you will no longer be eligible for financial compensation.

For wrongful death lawsuits, however, the statute of limitations is different. If you are willing to recover compensation on behalf of a deceased family member, you should be aware that the statute of limitation takes effect the moment your loved one passes away. The time you have to file a wrongful death lawsuit is also shorter than the statute of limitations for asbestos claims. Depending on where you live, you have between 1 and 3 years to take legal recourse. The following family members can file a wrongful death lawsuit:

  • children
  • spouses
  • parents
  • siblings

Regardless of the type of legal action you intend to take, it is always a wise decision to work with a specialized attorney. In addition to providing you with permanent assistance and guidance, they and their legal team will help you have your asbestos claim or wrongful death lawsuit submitted in the shortest time possible and most importantly, the chances of your submission being rejected are nearly non-existent.

If you or a loved one has been diagnosed with mesothelioma or lung cancer as a result of occupational exposure to asbestos, do not hesitate to contact our office at (205) 328-9200. The attorneys at Environmental Litigation Group, P.C. have vast experience in handling asbestos cases and will provide you with quality legal representation.

Other Related Questions

Secondary exposure occurs when a person is not in direct contact with a source of asbestos. It is equally dangerous as occupational asbestos exposure and can be either domestic or environmental.

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Trust transparency laws have been enforced by some U.S. states to protect the legal system from fraud and abuse. Some argue that these laws make the process of recovering compensation more difficult for asbestos victims.

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While inhaling asbestos fibers from old building materials can be as dangerous as occupational exposure, asbestos trust funds provide compensation mostly to former employees.

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If multiple companies are at fault for your injury, you can file a claim with the asbestos trust funds of those which are under bankruptcy protection, as well as a lawsuit against those which are not.

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No. Companies with asbestos trust funds are under bankruptcy protection, which means they are immune to lawsuits. However, you can recover compensation from their asbestos trust fund.

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As diseases which occur as a result of asbestos exposure take decades to ensue, recalling the exact circumstances is rarely easy. Working with a lawyer specialized in asbestos cases is instrumental.

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Yes. If the company at fault for your asbestos exposure went out of business, you can still take legal action. However, recovering the compensation you deserve might be problematic.

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No. Only the companies which sought bankruptcy protection were required to establish asbestos trust funds as a source of compensation for injured workers and their families.

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Mesothelioma, lung cancer and asbestosis are quite rare even among people with a history of asbestos exposure. However, these diseases claim the lives of over 12,000 people in the U.S. annually.

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In order to receive compensation, you need to file a claim with the asbestos trust fund set up by the company responsible for your injury. A lawyer will speed up the process significantly.

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