Mesothelioma Statutes of Limitations
A statute of limitations refers to the maximum period of time within which a claim must be filed. Statutes of limitations vary from state to state and depend on a variety of factors, including the type of injury or offence and the particulars of the case. Because valuable evidence can be misplaced or corrupted and testimony from witnesses may become more unreliable over the years, statutes of limitations were designed protect defendants from fraudulent claims. After the deadline to file a claim passes, the opportunity to sue the parties responsible for one's injury may be lost forever.
When Does the Statute of Limitations Start?
The statutes of limitations for mesothelioma claims often differ from those for other types of personal injury claims. A personal injury claim generally must be filed within a fixed time period that begins at the date when the accident or injury occurred, although there are some notable exceptions. On the other hand, the statutes of limitations for mesothelioma claims typically start when a person is diagnosed.
The difference in the statutes of limitations for mesothelioma claims, and other toxic and chemical exposure lawsuits, is due to the nature of the illness. Mesothelioma, as well as other diseases caused by exposure to asbestos, may not appear until two or more decades after the exposure occurred. Once diagnosed, a victim of asbestos exposure may have one to three years to file a claim, depending on their state.
Assert Your Rights, Contact a Mesothelioma Attorney
Because your legal right to sue is affected by your state's statute of limitations, it is imperative that you consult with a local mesothelioma attorney that is experienced in handling asbestos lawsuits. LawyerShop.com can help you locate qualified mesothelioma attorneys in your area who have successfully handled many mesothelioma cases and can guide you through every step of the legal process. Even if you think that your statute of limitations might have expired, it may not be too late. You owe it to yourself and your loved ones to discuss your situation with an experienced attorney.