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

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

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. Call us and we can check for you the statute of limitations in your state.

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.

*The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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