Asbestos & Mesothelioma Law Blog
If you recently got a mesothelioma diagnosis or lost a loved one to mesothelioma, you are likely thinking of filing a claim to receive compensation. Mesothelioma occurs after a person is exposed to asbestos, and asbestos exposure is usually caused by negligence. So, it is only fair that mesothelioma victims and surviving loved ones of deceased mesothelioma victims receive compensation.
If you are thinking of filing a mesothelioma claim, you need to know about a law known as the “statute of limitations.” This is a law that limits the amount of time you have to bring your mesothelioma case to court. However, understanding the statute of limitations for mesothelioma cases is not that easy as different factors could affect the amount of time you have to file your lawsuit. For that reason, you need to consult an attorney to ensure you do not wait too long to file your claim.
Understanding the Statute of Limitations for Mesothelioma Cases
Firstly, in the United States, the deadlines for filing a mesothelioma claim vary by state. In some states, the deadline for mesothelioma lawsuits is as short as just one year, and in others, the deadline is up to six years. Secondly, the legal time limit you have to file your mesothelioma lawsuit depends on the type of claim (whether it is a personal injury or wrongful death claim). Lastly, the severity of the disease could affect how long a claimant has to file their claim. Sometimes, the disease severity could allow for an extension of the deadline.
Mesothelioma victims and surviving loved ones should always consult with an experienced lawyer to learn how much time they have to file their case. Deadlines are always subject to change, so plaintiffs should always work with a qualified lawyer to ensure they file their claim in a timely manner.
When Does the “Clock” Start Ticking?
In other cases, such as car accident personal injury cases, the statute of limitations “clock” begins ticking on the day of the accident. However, as it pertains to mesothelioma cases, the statutes of limitations do not apply to the time of asbestos exposure. The statute of limitations for mesothelioma cases generally begins when a person receives a mesothelioma diagnosis or loses a loved one because of mesothelioma. This could be decades after exposure because mesothelioma takes a long time to develop.
When Happens if You Miss the Filing Deadline?
If you think you have missed the deadline for filing your mesothelioma claim, there might be other ways for you to recover compensation. Also, you might find that you haven’t missed the deadline. Therefore, if you think you have missed your deadline for filing your mesothelioma lawsuit, speaking to a mesothelioma attorney is what is best.
Nationwide Mesothelioma Lawyers
If you or your loved one was diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and more.