Deadline to File Mesothelioma Lawsuit of Deceased Person: What You Need to Know

Are you or a loved one suffering from mesothelioma caused by asbestos exposure? If so, it is important to understand the deadlines involved in filing a lawsuit. This article will provide a comprehensive guide on the deadline to file a mesothelioma lawsuit of a deceased person.

Introduction

Mesothelioma is a type of cancer that can develop from the exposure to asbestos fibers. This cancer has a long latency period, and it can take anywhere from 20 to 50 years for symptoms to appear. Mesothelioma is a fatal disease, and it causes a great deal of pain and suffering for those affected by it.

If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation. However, it is important to understand the deadlines involved in filing a lawsuit. Failure to file a lawsuit within the statute of limitations can result in your case being dismissed and losing your right to compensation.

In this article, we will explore the deadline to file a mesothelioma lawsuit of a deceased person.

What is Mesothelioma?

Mesothelioma is a rare and aggressive form of cancer that affects the tissue lining of the lungs, heart, and abdomen. It is primarily caused by exposure to asbestos, a naturally occurring mineral that was commonly used in construction materials, insulation, and fireproofing. When asbestos fibers are inhaled or ingested, they can become lodged in the tissue lining, causing inflammation and damage that can lead to mesothelioma.

What is the Deadline to File a Mesothelioma Lawsuit of a Deceased Person?

The deadline to file a mesothelioma lawsuit of a deceased person varies depending on the state in which the lawsuit is filed. Generally, the deadline to file a wrongful death lawsuit is two years from the date of the person’s death. However, in some states, the deadline can be as short as one year or as long as three years.

State	Deadline to File a Wrongful Death Lawsuit
Alabama	2 years
Alaska	2 years
Arizona	2 years
Arkansas	3 years
California	2 years
Colorado	2 years
Connecticut	2 years
Delaware	2 years
District of Columbia	2 years
Florida	2 years
Georgia	2 years
Hawaii	2 years
Idaho	2 years

Why is There a Deadline to File a Mesothelioma Lawsuit of a Deceased Person?

The statute of limitations exists to protect the legal rights of both the plaintiff and the defendant. The plaintiff has a duty to bring their claim within a reasonable period of time, and the defendant has a right to defend against a claim while the evidence is still fresh. The deadline to file a lawsuit varies from state to state, and it is important to consult with an experienced mesothelioma attorney to determine the specific deadline in your case.

What Happens if I Miss the Deadline to File a Mesothelioma Lawsuit of a Deceased Person?

If you miss the deadline to file a mesothelioma lawsuit of a deceased person, you may lose your right to file a lawsuit altogether. This means that you will not be able to recover compensation for the damages caused by mesothelioma, including medical expenses, lost wages, and pain and suffering.

However, there may be exceptions that apply to your case. For example, some states have a statute of repose, which sets an absolute deadline for filing a lawsuit regardless of when the harm occurred. In addition, some states have a discovery rule, which allows a plaintiff to file a lawsuit within a certain time period after discovering the harm.

What Factors Should I Consider When Deciding Whether to File a Mesothelioma Lawsuit of a Deceased Person?

When deciding whether to file a mesothelioma lawsuit of a deceased person, there are several factors to consider:

• The deadline to file a lawsuit in your state
• The strength of your case
• The amount of compensation you may be entitled to
• The potential cost of litigation
• The emotional toll of the lawsuit on you and your family

Can I File a Mesothelioma Lawsuit of a Deceased Person on Behalf of a Spouse or Family Member?

If your spouse or family member has passed away due to mesothelioma, you may be able to file a wrongful death lawsuit on their behalf. In most states, the spouse, children, or parents of the deceased person can file a lawsuit. However, the specific rules regarding who can file a lawsuit vary from state to state.

How Can I Find an Experienced Mesothelioma Attorney?

If you are considering filing a mesothelioma lawsuit of a deceased person, it is important to consult with an experienced mesothelioma attorney. An experienced attorney can help you understand the deadlines involved in filing a lawsuit, evaluate the strength of your case, and help you navigate the legal process.

To find an experienced mesothelioma attorney, you can:

• Ask for a referral from a trusted friend or family member
• Search online for mesothelioma attorneys in your area
• Contact a mesothelioma advocacy group for a referral
• Consult with a legal aid clinic or non-profit organization

Conclusion

Dealing with mesothelioma is never easy, and the legal process can be daunting. However, it is important to understand the deadlines involved in filing a mesothelioma lawsuit of a deceased person. Failing to file within the statute of limitations can result in losing your right to compensation.

If you or a loved one has been diagnosed with mesothelioma, it is important to consult with an experienced mesothelioma attorney as soon as possible to protect your legal rights.

Need Help?

Our team of experienced mesothelioma attorneys is dedicated to helping mesothelioma victims and their families get the compensation they deserve. Contact us today to schedule a free consultation.

Disclaimer

The information provided in this article is for general informational purposes only and is not intended to be legal advice. If you are considering filing a mesothelioma lawsuit of a deceased person, it is important to consult with an experienced mesothelioma attorney to understand your legal rights and options.

Deadlines and statutes of limitations can vary depending on the state in which you are filing a lawsuit, and there may be exceptions that apply to your case. This article is not intended to be a substitute for professional legal advice.