The statute of limitations refers to how long you have to file a personal injury claim. All types of personal injury lawsuits can have a statute of limitations, and they vary depending on the type of injury and various other circumstances. If you wait too long to file your lawsuit, you may no longer be eligible to receive compensation for your injury.
Mesothelioma can be extremely damaging, both to the individual with the disease and his or her family. If you or someone you love has mesothelioma, make sure you know how the statute of limitations applies to your situation so that you can file a claim and receive the compensation you are owed.
About Statute of Limitations
For mesothelioma cases, the statute of limitations varies from state to state. Depending on where you were when you developed mesothelioma, your time limit to file may be different than someone else’s is in another state. Also, mesothelioma cases can be very different from other types of personal injury cases because of the nature of mesothelioma itself. It could be years or even decades before a person develops mesothelioma from the time they were exposed to dangerous asbestos fibers.
The latency period for this type of cancer can be long indeed, which means the statute of limitations is a bit more forgiving, if not more complicated. An individual may have been exposed to asbestos fibers, which cause mesothelioma, at a job site in 1985, but not develop mesothelioma until 2005, for example.
So, to allow for this latency period, the individual who develops mesothelioma typically has between 1 and 2 years to file a claim from the day he or she is diagnosed.
Wrongful Death Statute of Limitations
The statute of limitations varies a bit more if you are dealing with a wrongful death case. If a person dies before he or she is able to file a personal injury claim, the family or loved ones of the deceased individual may choose to pursue a wrongful death lawsuit in order to seek justice and compensation on their behalf. Again, this rule varies from state to state depending on where the individual was diagnosed and where they were exposed to the asbestos that caused mesothelioma to develop.
If you believe you have a personal injury or wrongful death claim for a mesothelioma case, it’s important for you to discuss your case with an experienced attorney. Each case is different, which is why you need to talk about your specific circumstances with a skilled legal representative who is familiar with cases just like yours.
Ready to get started? Contact Shrader & Associates L.L.P. for help with your asbestos case.