After a mesothelioma diagnosis, the victim or their family can file a lawsuit against the parties they blame for the asbestos exposure that led to the diagnosis. However, filing a mesothelioma lawsuit after the statute of limitations has expired can greatly affect the outcome of the case. A statute of limitations is a law that sets the length of time claimants have to file their lawsuits. Failing to file your mesothelioma lawsuit within the statute of limitations can lead to the dismissal of your case. It can lead to you losing your right to seek compensation regardless of the strength of your case. Read on to learn more!
What Is a Mesothelioma Statute of Limitations?
A mesothelioma statute of limitations defines how much time a patient or their family (in case the victim passes away) has to file a lawsuit. The statute of limitations for mesothelioma lawsuits varies from state to state. In the U.S., the statute of limitations for mesothelioma cases ranges from one to six years. Many states have a mesothelioma statute of limitations of two years.
Mesothelioma has a long latency period. It can take 20 to 60 years or more for mesothelioma to develop after asbestos exposure. Courts recognize this and allow the statute of limitations to begin when the disease is discovered instead of when the exposure occurred. In case of a wrongful death, the statute of limitations starts on the date of death.
What Happens if You Miss the Deadline?
If you wait until the statute of limitations on your case has lapsed to file a lawsuit, you can expect the defendant to file a motion to dismiss your case, especially if they have a legal representative who understands the law. If this happens, your case could be dismissed. Courts are strict about adhering to statutory deadlines. If your case is dismissed, you might lose the opportunity to recover damages for medical expenses, lost wages, pain and suffering, and others.
You might think that if you are barred from filing a lawsuit in court because of late filing, you can negotiate an out-of-court settlement. This is highly unlikely. Defendants are unlikely to agree to a settlement if they know your claim is time-barred. You won’t have any leverage in negotiations since you cannot file a lawsuit in court. The defendant(s) won’t have any obligation to compensate you if you can’t take your case to court.
Are There Exceptions to Mesothelioma Statutes of Limitations?
In rare cases, exceptions may apply. The statute of limitations may be tolled or paused under certain circumstances. For instance, if the defendant(s) actively concealed information that prevented the victim or their family from pursuing a claim, the statute of limitation may be extended. Extending the statute of limitations may also be possible if the plaintiff couldn’t file due to mental incapacity. An experienced attorney can assess your case and determine if any exceptions apply. Also, an attorney can advise you on your options. For instance, if exposure happened in multiple states, you might be able to file in another state.
Nationwide Mesothelioma Lawyers
If you or a loved one were 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 you live a more comfortable life.