How Long Do I Have to File a Mesothelioma Lawsuit?

A person who is diagnosed with mesothelioma has a certain amount of time during which a lawsuit must be filed. That is referred to as the statute of limitations. The statute of limitations varies from state to state. There’s not a uniform statute of limitations across the country. In some states, it may be as short as one year. So a person who is diagnosed, for example, we practice law, practice mesothelioma cases all over the country. If a person’s case is in Louisiana or Kentucky, just as a couple of examples, it must be filed within 1 year from the date of the diagnosis. If the case is not filed within 1 year, it’s forever barred and no claim can ever be made. The second step of that is the wrongful death beneficiary. So when a person passes away, initially we were talking about the person who’s diagnosed him or herself. If a person passes away, then there are additional causes of action available to loved ones, and those are called wrongful death causes of action. The statute of limitations on those claims begins to run at the date of death. So that starts the date of death starts the clock running on the time in which a lawsuit must be filed. Some, I would say the majority of states around the country have a two-year statute of limitations, but some have as many as 3 or even in rare circumstances, 4 years. So that is the time period during which a lawsuit must be filed.