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What Is the Statute of Limitations on Asbestos Claims? Statutes limit the time that you are allowed to file a claim. These laws differ depending on the nature of asbestos claim and also by state. Mesothelioma and other asbestos-related diseases can take years to develop, causing a delay in the statutes of limitations for the victims. The place where a victim lives, the time they were exposed, as well as the companies accountable all play a role in determining the statute of limitations. Date of diagnosis or death Asbestos-related ailments, like mesothelioma and asbestosis, can take years to develop and be diagnosed. In most states the statute of limitations runs when the victim was diagnosed with their disease or, in the case of wrongful death claims or wrongful death claims, when they died. The long time between diagnosis and death can make it difficult to determine the most appropriate time to start an action. Victims must be aware of how the statute of limitations may apply to their situation. They should seek out an experienced lawyer who specializes in mesothelioma to ensure that the statute of limitations will not expire, and they can be able to pursue legal action in pursuit of compensation. The discovery rule is a crucial component in mesothelioma lawsuits. This means that the statute of limitations “clock” does not begin to run until a person discovers or should have discovered they suffered an asbestos-related injury. This is most likely to happen when a person is diagnosed with mesothelioma or another asbestos-related illness. In wrongful death asbestos claims the statute of limitations begins on the date the deceased person died. Other factors can affect the statute of limitation. These include the state where they are a resident, the state where they were exposed to asbestos and the location of the businesses that were responsible for their exposure. These details can be obtained from documents pertaining to employment and medical records as well as other sources. In certain circumstances, the statute of limitation may be extended or stopped. The most frequent scenario is minors or those who lacks the mental capacity to bring a lawsuit. In most cases the family member files a wrongful death lawsuit on behalf of the loved one who has passed away due to asbestos-related ailments. The time-limit for asbestos claims can be quite a challenge. It is essential that asbestos patients seek out an attorney for mesothelioma as quickly as they can so the lawyer can review their medical documents and other evidence in order to determine when and when the statute of limitations could begin to expire. Lawyers can request an extension in the event that the statute of limitations is nearing expiration. Date of Exposure A statute of limitations sets an expiration date for how long a victim has to take legal action or make an action for compensation. The deadlines vary by state and the type of claim. In the majority of personal injury cases, the clock starts in the moment that the plaintiff is injured. However asbestos cases come with particular circumstances. Mesothelioma, asbestosis, and other asbestos-related diseases have a delay time that can vary from 10 to 50 years after initial exposure. Because of the time delay in onset of symptoms it is hard to determine when the statute of limitations begins. The answer will depend on a variety of factors, including how much awareness the victim can reasonably have expected to have regarding their injury, as well as how far back their exposure dates. The date of diagnosis or death is important because victims may have had multiple diagnoses throughout their lifetime. The type of claim is another factor, with wrongful death cases having different timelines than personal injury cases. Families of victims should consult an experienced lawyer early on in cases of wrongful death. These attorneys will review the medical documents to determine when the statute of limitations begins. In addition to determining when the statute of limitations will begin of the time frame, an attorney will also take into consideration any special circumstances that could influence the way that the statute of limitations applies to the particular case. Statutes of limitations are designed to encourage timely litigation and prevent a victim's claim from becoming old-fashioned or outdated. Unlike other types of lawsuits asbestos and mesothelioma claims are especially complicated because of the lengthy latency time that is associated with these injuries. Due to the complexity of the situation, asbestos victims and their family members should consult a seasoned mesothelioma lawyer in order to file a suit within the timeframe. Even when the statute of limitations has passed, you may still be eligible for compensation through one or more asbestos trust funds. These trusts are set up by the asbestos companies that have declared bankruptcy which were found to be responsible for the injuries of victims and deaths. Each asbestos trust sets its own timeframe for filing an claim. Filing Location In certain instances, it may be difficult to determine the exact date a person was ill due to asbestos exposure. For this reason, the statute of limitations “clock” is not always set to begin until the time a person receives a diagnosis or death. Mesothelioma, and other asbestos-related ailments are often progressive. This means that symptoms can develop over many years before an asbestos-related illness is diagnosed. It is important to submit a claim to the correct state when mesothelioma diagnosis is established. A mesothelioma lawyer with experience can assist the victims and their families in deciding the state in which to file based on several factors, including the state of residence, where the asbestos victim lived and worked in, the states they have visited, as well as where the asbestos-related employers resided. New Orleans asbestos lawyer in which an asbestos claim was filed will also determine the applicable statute of limitations. This is especially true if the claimant is filing a personal injury or wrongful death lawsuit. In certain states, punitive damages may be awarded to mesothelioma patients who are seeking them. An attorney can assist victims and their families in obtaining the necessary documentation that will prove their case. This is typically personal identification, housing documents and utility bills that document the status of residence, as well as asbestos-related medical records. They should include the date that the symptoms first began to manifest and the date that a mesothelioma diagnose was made. In the case of wrongful death lawyers can provide evidence like proof of asbestos exposure, which indicates the victim was a resident of the area, and evidence of when the mesothelioma patient passed away and a death certificate. The rights of the victim are lost in the event that a mesothelioma claim is not filed in time. A knowledgeable mesothelioma or asbestos lawyer can assist victims and their families safeguard their legal rights and obtain compensation. To set up a free consultation, contact an asbestos lawyer today. This can be done in person or over the phone. Extensions The statute of limitation is a legal rule which determines the time limit for a plaintiff to file a lawsuit against asbestos. Based on the nature of claim and the state of the plaintiff, this period can range from one to six years. If a victim file a claim after the time limit has expired may be barred from recovering the amount of compensation. Asbestos sufferers should always consult with a top lawyer to ensure that they file within the appropriate time frame. Asbestos claims are typically filed as personal injury or wrongful death claims. The time limit for these types of cases is different from that of other personal injury claims. The time limit for mesothelioma, asbestos-related diseases and other asbestos-related diseases is longer because it can take a long time for victims to develop symptoms and get the diagnosis. It is not uncommon that victims have lived or worked in multiple states during their career, and not know the statute of limitations that applies to their case. An experienced asbestos lawyer can help victims to understand which state's statute of limitations will apply to their claim and how it differs from the other states where they've worked or lived. In some instances the statute of limitations may be extended, or tolled. This is particularly relevant to mesothelioma cases and wrongful death cases. The statute of limitations can be paused for a period of time until the victim is diagnosed with an asbestos-related disease. In some instances the court will decide that the statute of limitations should be tolled in the event that it was not reasonable for the victim to have realized that they might be suffering from an asbestos-related disease or injury. Mesothelioma and asbestos victims are also qualified for compensation from trust funds created by companies who have declared bankruptcy. These funds are reserved for asbestos victims and come with their own statutes of limitation which differ from those that apply to traditional lawsuits. An experienced asbestos lawyer can help you determine if you are eligible to file a claim against an asbestos trust.