How long do I have to file a mesothelioma lawsuit?

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Every state has a statute of limitations for filing a lawsuit after you become injured. Statutes of limitations serve several purposes. In a typical personal injury case, the statute of limitations allows a case to be heard while the evidence is more likely to be available. This time limit also provides a specific deadline when defendants know they can make a motion to the court to have the claims dismissed. Statute of limitations on mesothelioma lawsuits

Mesothelioma Is Different, but Statutes of Limitations Still Apply

Generally, the statute of limitations begins when you knew (or should have known) about your injury. In mesothelioma cases, this may mean the date of your diagnosis or the date when your symptoms prompted you to see a doctor. It is not the date when you were exposed to asbestos.

Each state has its own statute of limitations for personal injury and wrongful death cases:

but no longer than 20 years after asbestos exposure
State Personal Injury Statute of Limitations Wrongful Death Statute of Limitations
AL 2 years 2 years
AK 2 years 2 years
AZ 2 years 2 years
AR 3 years 3 years
CA 1 year 1 year
CO 2 years 2 years
CT 3 years * 3 years *
DE 2 years 2 years
FL 4 years 2 years
GA 2 years 2 years
HI 2 years 2 years
ID 2 years 2 years
IL 2 years 2 years
IN 2 years 2 years
IA 2 years 2 years
KS 2 years 2 years
KY 1 year 1 year
LA 1 year 1 year
ME 6 years 2 years
MD 3 years * 3 years *
MA 3 years 3 years
MI 3 years 3 years
MN 2 years 3 years
MS 3 year 3 year
MO 5 years 3 year
MT 3 years 3 years
NE 4 years 2 years
NV 2 years 2 years
NH 3 years 3 years
NJ 2 years 2 years
NM 3 years 3 years
NY 3 years 2 years
NC 3 years 2 years
ND 6 years 2 years
OH 2 years 2 years
OK 2 years 2 years
OR 2 years 3 years
PA 2 years 2 years
RI 3 years 3 years
SC 3 years 3 years
SD 3 years 3 years
TN 1 year 1 year
TX 2 years 2 years
UT 3 years 2 years
VT 3 years 2 years
VA 2 years 2 years
WA 3 years 3 years
D.C. 3 years 2 years
WV 2 years 2 years
WI 3 years 3 years
WY 4 years 2 years
  * but no longer than 20 years after asbestos exposure



In some cases, the statute of limitations may be shortened or extended. Therefore, it is important to act as quickly as possible.

Don’t Let Time Run Out on Your Mesothelioma Claim

Contact an experienced mesothelioma lawyer today for a free, no-obligation consultation. You have nothing to lose by talking to a lawyer now. However, if you wait too long, the lawyer will be unable to file a claim on your behalf.

Our mesothelioma lawyers understand that you are facing a difficult time. When you decide to hire us, we will not charge you any upfront legal fees. Instead, we will be paid a percentage of your mesothelioma settlement. To learn more or schedule your free consultation, please contact us online or call us directly at 318.588.6303


Richard J. Arsenault
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Recognized by several legal associations, Richard Arsenault has vast experience in complex litigation cases.