Introduction
Mesothelioma is a rare type of cancer that affects the mesothelium, a thin membrane that covers the internal organs. This cancer is caused by exposure to asbestos, a fibrous mineral that was widely used in construction and manufacturing from the 1940s to the 1980s, before it was finally banned in most countries.
Mesothelioma cases typically involve long-term exposure to asbestos, and it can take decades for the symptoms to appear. The latency period can be as long as 50 years, which means that many people who were exposed to asbestos in the 1960s or earlier are only now being diagnosed with mesothelioma.
If you or someone you love has been diagnosed with mesothelioma, you may be wondering how far back you can go to make a claim for compensation. This article will explain everything you need to know about mesothelioma claims and their time limits.
How Far Back Can a Mesothelioma Claim Go?
The answer to this question depends on the laws of the country or state where you are making the claim. In general, there are two types of time limits that apply to mesothelioma claims:
Statute of Limitations
The statute of limitations is a legal deadline that sets the maximum amount of time you have to file a lawsuit after the injury or diagnosis occurred. The deadline varies depending on the jurisdiction and the type of claim, but it typically ranges from one to five years.
In the case of mesothelioma, the clock starts ticking from the date of diagnosis, not from the date of exposure. This is because it can take decades for the symptoms to become apparent, and it would be unfair to expect the victim to file a claim before even knowing they have an illness.
However, some states have special rules that allow the clock to start running from the date of exposure, rather than diagnosis. This is known as the discovery rule, and it applies in states where the latency period is particularly long, such as California and New York.
Trust Fund Claims
In addition to filing a lawsuit, mesothelioma victims may also be eligible to receive compensation from an asbestos trust fund. These funds were created by bankrupt asbestos companies to compensate victims without going through the court system.
The time limit for filing a trust fund claim is usually longer than the statute of limitations for lawsuits. In most cases, you have between one and two years after diagnosis to file a claim with the trust fund. However, some funds have different deadlines or eligibility requirements, so it is important to consult a mesothelioma attorney to determine your options.
Table: Time Limits for Mesothelioma Claims by State
| State | Statute of Limitations | Discovery Rule | Trust Fund Claim Deadline |
|---|---|---|---|
| Alabama | 2 years after diagnosis | No | 2 years after diagnosis |
| Alaska | 2 years after diagnosis | No | 2 years after diagnosis |
| Arizona | 2 years after diagnosis | No | 2 years after diagnosis |
| Arkansas | 3 years after diagnosis | Yes | 3 years after diagnosis |
| California | 1 year after diagnosis or 3 years after exposure | Yes | 1 year after diagnosis or 3 years after exposure |
| Colorado | 2 years after diagnosis | No | 2 years after diagnosis |
| Connecticut | 3 years after diagnosis | Yes | 3 years after diagnosis |
| Delaware | 2 years after diagnosis | No | 2 years after diagnosis |
| Florida | 4 years after diagnosis | No | 4 years after diagnosis |
| Georgia | 2 years after diagnosis | No | 2 years after diagnosis |
| Hawaii | 2 years after diagnosis | No | 2 years after diagnosis |
| Idaho | 2 years after diagnosis | No | 2 years after diagnosis |
| Illinois | 2 years after diagnosis or 5 years after exposure | No | 2 years after diagnosis |
Frequently Asked Questions
Q: Can I still file a mesothelioma claim if the company responsible for my exposure has gone out of business?
A: Yes, you may still be able to file a lawsuit or a trust fund claim even if the company is no longer in operation. Your mesothelioma attorney can help you determine whether there are other liable parties or alternative sources of compensation.
Q: Can I file a mesothelioma claim on behalf of a deceased family member?
A: Yes, you may be able to file a wrongful death lawsuit or a survival action on behalf of your loved one if they have passed away from mesothelioma. The time limits for these claims vary depending on the state and the circumstances of the case.
Q: What if I was exposed to asbestos in multiple states or countries?
A: If you were exposed to asbestos in different states or countries, you may have the option of filing a claim in any of those jurisdictions, depending on their laws and time limits. Your mesothelioma attorney can help you determine the best strategy for your case.
Q: Do I need to prove that a specific product or company caused my mesothelioma?
A: In most cases, mesothelioma lawsuits are based on the theory of strict liability, which means that you do not need to prove fault or negligence on the part of the defendant. Instead, you need to show that the defendant’s product or activity caused your exposure to asbestos and that this exposure was a substantial factor in causing your mesothelioma.
Q: How long does it take to receive compensation for a mesothelioma claim?
A: The timeline for mesothelioma claims varies depending on the jurisdiction, the type of claim, and the complexity of the case. Some claims can be resolved in a few months, while others may take several years to complete. Your mesothelioma attorney can give you a realistic estimate based on the specifics of your case.
Q: Can I still file a mesothelioma claim if I signed a release or settlement agreement in the past?
A: It depends on the language of the agreement and the laws of the jurisdiction. In some cases, signing a release or settlement agreement may waive your right to pursue further legal action. However, there may be exceptions or limitations to this rule, and you should consult a mesothelioma attorney to review your options.
Q: Can I file a mesothelioma claim if I was exposed to asbestos during military service?
A: Yes, veterans who were exposed to asbestos during their military service may be eligible for compensation through the Department of Veterans Affairs (VA). The VA provides disability benefits, health care, and other services for veterans with mesothelioma or other asbestos-related illnesses.
Q: What if I was exposed to asbestos outside of work, such as in my home or neighborhood?
A: If you were exposed to asbestos in a non-occupational setting, such as your home, school, or community, you may still be able to file a lawsuit or a trust fund claim. However, these cases can be more complex than occupational exposure cases, and you may need to present additional evidence to establish liability.
Q: Do I need to hire a mesothelioma attorney to file a claim?
A: While it is possible to file a claim on your own, it is highly recommended that you hire a mesothelioma attorney with experience in this area of law. Mesothelioma claims can be complicated and time-consuming, and a skilled attorney can help you navigate the legal process, gather evidence, and negotiate a fair settlement.
Q: How can I find a qualified mesothelioma attorney?
A: You can start by searching online for law firms that specialize in mesothelioma cases. Look for firms with a proven track record of success and positive reviews from clients. You can also ask for referrals from other mesothelioma patients or support groups.
Q: What if I cannot afford to pay a mesothelioma attorney?
A: Many mesothelioma attorneys work on a contingency fee basis, which means that they only get paid if you win your case or receive a settlement. The fee is usually a percentage of the compensation awarded, and it is agreed upon in advance. This arrangement can help make legal representation more affordable for mesothelioma victims and their families.
Q: Is there a time limit for filing a trust fund claim?
A: Yes, each trust fund has a specific deadline for filing a claim, which is usually between one and two years after diagnosis. However, some funds have different deadlines or eligibility requirements, so it is important to consult a mesothelioma attorney to determine your options.
Q: What if I live in a different country than the one where the exposure occurred?
A: If you were exposed to asbestos in one country but currently live in another, you may still be able to file a claim in the country where the exposure occurred, depending on its laws and time limits. However, this can be a complex and international issue, and you should consult a mesothelioma attorney with experience in cross-border litigation.
Q: What should I do if I think I have mesothelioma?
A: If you have been exposed to asbestos in the past and are experiencing symptoms such as coughing, chest pain, or shortness of breath, you should see a doctor as soon as possible. Mesothelioma is a serious illness that requires prompt and specialized medical treatment. If you have been diagnosed with mesothelioma, you should seek legal advice from a mesothelioma attorney to explore your options for compensation.
Conclusion
If you or someone you love has been diagnosed with mesothelioma, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. However, it is important to act quickly and seek the advice of a qualified mesothelioma attorney, as the time limits for filing a claim can vary depending on the jurisdiction and the type of claim.
By understanding the time limits and legal options available to you, you can make an informed decision about how to proceed and protect your rights. Don’t wait to take action – contact a mesothelioma attorney today to learn more.
Closing
This article is meant to provide general information and guidance on the topic of mesothelioma claims and their time limits. However, it is not a substitute for legal advice tailored to your specific situation. Every case is different, and the laws and time limits can vary depending on the jurisdiction and the circumstances of the exposure and diagnosis.
The information in this article is accurate to the best of our knowledge at the time of publication, but the laws and regulations may change over time. Therefore, we cannot guarantee the accuracy, completeness, or timeliness of the information.
If you have any questions or concerns about mesothelioma claims, we encourage you to consult a qualified mesothelioma attorney for personalized advice and representation.
