There are many people who do not realize that there is a statute of limitations for mesothelioma cases. The statute of limitations for mesothelioma will start at the time of the patient’s diagnosis and expire after different lengths of times in different states. It is important that you know what the statute of limitation for mesothelioma is for your state if you need to make a claim.
Why There Are Statutes Of Limitations
A statute of limitation is a legal time frame where you are able to file a lawsuit for a personal injury claim. If you do not file the lawsuit within this time frame, you will not be able to legally do so. This is a problem for many people who have been diagnosed with mesothelioma because a lawsuit is generally not the first thing on their mind. Getting treatment will always come first, but you need to know that you have a limited time to file.
The statute for these cases is slightly different to other personal injury cases. With other personal injury claims, the statute will start to run from the point of injury, but this cannot be done with mesothelioma because of the long latency period. It can take from 20 to 50 years after exposure to asbestos for mesothelioma to develop.
The special statute that applies to these cases will have the time limit start when a diagnosis has been made or the patient has passed away. This has been done to ensure that the statute of limitations does not run out before the patient has time to realize that something is wrong.
How Long Do You Have To File?
The exact period of time that you have to file from the point of diagnosis or death, will vary depending on the state. However, it is generally within 2 to 3 years after the diagnosis or death of the affected person. There are 2 factors that will impact how long you have to file and they are the location and the type of case.
Each state will have a different statute of limitation for these cases. It is important that you find out what the limit is in the state you live in. This information can be found online. It is also important to note the statute of limitation of the state where the company responsible for the asbestos exposure is located. This will generally be the statute that will be looked at in court.
The type of case is also important. If the patient is still alive, the statute will start from the point of diagnosis. However, if the patient has passed away, the statute will start from the date of their death. This newly set statute will allow the family of the deceased to file a claim against the company responsible for the exposure.
It is important that you know what the statute of limitation for mesothelioma cases are in the state you live in. You also need to consider the statute in the state where the company that is responsible for the exposure is located.