Mesothelioma Statute of Limitations Across States

If you have been diagnosed with mesothelioma, it is a life-changing experience, and you are likely to have many pressing legal questions about your situation that you will not be able to answer alone. You have a limited time to pursue compensation if you believe another party is responsible for your diagnosis, and the mesothelioma statute of limitations varies from state to state. It’s important to connect with an attorney as quickly as possible after your diagnosis.

Filing a Mesothelioma Claim on Time

Mesothelioma is an incurable and terminal form of cancer with a single known cause: asbestos exposure. One of the most challenging aspects of this disease is the fact that it has a very long latency period, meaning it can take years or even decades for noticeable symptoms to appear, and by the time they do appear, the disease will have reached a critical stage.

More than 3,000 new cases of mesothelioma are diagnosed in the United States each year. Additionally, there are about 2,500 recorded deaths from mesothelioma in the United States each year. Once a person receives a diagnosis, they have a very short time in which to pursue any legal recourse. They may have grounds to file a workers’ compensation claim, a claim to a mesothelioma injury trust, or a personal injury suit for toxic exposure, but they have a time limit for doing so.

The mesothelioma statute of limitations begins on the date of diagnosis, and each state enforces different statutes of limitations for these types of claims. In most states, the mesothelioma statute of limitations is one to four years, but some states allow as long as six years. It can be difficult for the average person to determine their legal options following their diagnosis, so it is crucial to speak with an attorney at your first opportunity after diagnosis.

How to File a Mesothelioma Claim

The first challenge you must overcome in a mesothelioma case is determining the cause of your condition and identifying the party or parties responsible. It will be important to find an experienced attorney you trust as soon as you can after your diagnosis. This will ensure your attorney has adequate time to prepare your case and ensure you meet the mesothelioma statute of limitations for your state.

Your attorney can help you prove that the defendant is responsible for your condition. They can assist you in calculating the full scope of the damages you are eligible to claim, and with their help, you can feel more confident about your chances of recovery. Some people diagnosed with mesothelioma will be eligible to file claims to mesothelioma injury trusts, while others may build toxic exposure claims against employers, manufacturers, property owners, or other entities.

Ultimately, the mesothelioma statute of limitations is just one of several challenges you are likely to face in your efforts to ensure accountability for your diagnosis. While more than 65% of people who receive chemotherapy for mesothelioma survive for three or more years, life expectancy for mesothelioma with treatment is generally only 18 to 31 months. You have limited time to build and file your case, so you need to consult an experienced attorney right away.

FAQs

Q: Is There a Time Limit for Filing a Mesothelioma Claim?

A: Yes, there is a time limit for filing a mesothelioma claim. The mesothelioma statute of limitations begins on the date of diagnosis and usually lasts for several years. If you believe you have grounds to file a claim, it is important to consult an experienced mesothelioma lawyer as quickly as possible. Building your case will take time, and you must file it within the mesothelioma statute of limitations, or you will lose your chance to claim compensation.

Q: How Do You Prove Liability for Mesothelioma?

A: You can prove liability for mesothelioma using various forms of evidence, but it can be difficult to trace the exact source of your asbestos exposure. Due to the extent of research these cases often require, it’s crucial to consult an attorney right away after your diagnosis. This will ensure your attorney has as much time as possible to build your case and meet the mesothelioma statute of limitations.

Q: How Much Compensation Can You Claim for Mesothelioma?

A: The amount of compensation you can claim for mesothelioma will depend on the severity of your condition and how you developed the condition. If a specific party is liable for your mesothelioma diagnosis, your attorney may be able to help you recover compensation for your medical expenses, lost income, lost future earning capacity, and the pain and suffering you have experienced. The attorneys at Wallace & Graham aim to maximize every client’s compensation.

Q: How Long Does It Take to Settle a Mesothelioma Case?

A: The time required to settle a mesothelioma case will vary based on multiple factors. When a defendant is clearly liable for a plaintiff’s mesothelioma diagnosis, they will generally attempt to settle the case as quickly and as quietly as possible. If you have an experienced attorney handling your case, it’s possible to settle a mesothelioma case within a few months. Any case requiring litigation could take much longer to resolve.

Q: What Does It Cost to Hire a Mesothelioma Lawyer?

A: The cost of hiring a mesothelioma lawyer should not deter you from seeking legal counsel at your first opportunity. If you choose Wallace & Graham to represent you, we take mesothelioma cases on contingency, meaning there are no upfront fees. Instead, we take a percentage of the total compensation we recover for you, but only if and when we win your case. This ensures you have the legal counsel you need when you need it most at no risk to you.

The attorneys at Wallace & Graham are ready to provide the guidance and support you need for your mesothelioma case. We can explain the mesothelioma statute of limitations that applies to your case and help you file it on time. And trust us to do everything we can to maximize your recovery. Time is a critical concern in any mesothelioma case, so contact us today and schedule a free consultation with our team so we can start building your case.