Mesothelioma Statute of Limitations California: What You Need to Know

Asbestos is a mineral that was widely used in the construction industry throughout the 20th century. While it was valued for its strength and heat resistance, it was later found to be a deadly carcinogen that can cause mesothelioma, a rare and aggressive cancer.

If you or a loved one has been diagnosed with mesothelioma and believe it was caused by exposure to asbestos, you may be entitled to compensation. However, it’s important to know that there is a time limit – known as the statute of limitations – for filing a lawsuit in California. Read on to learn more about mesothelioma statute of limitations California.

The Basics of Statute of Limitations

The statute of limitations is a legal term that refers to the amount of time an individual has to file a lawsuit after an injury or incident has occurred. Once this time limit has passed, the individual is barred from pursuing legal action.

The statute of limitations varies depending on the state and the type of injury or incident. In California, the statute of limitations for personal injury lawsuits, including mesothelioma cases, is two years from the date of diagnosis or the date of death.

Why Statute of Limitations Matters

The statute of limitations is important because it ensures that cases are brought to court in a timely manner, when evidence is still fresh and witnesses are available. It also protects defendants from being sued long after an incident has occurred, when memories have faded and evidence may be lost.

Exceptions to the Statute of Limitations

While the statute of limitations is generally strict, there are some exceptions that may allow you to file a lawsuit after the two-year deadline has passed. These include:

Exception	Description
Fraudulent concealment	If the defendant concealed information about the harm caused by asbestos exposure, the statute of limitations may be extended.
Discovery rule	If the plaintiff did not know and could not have reasonably known about their mesothelioma until after the statute of limitations had passed, they may still be able to file a lawsuit.
Unavailability rule	If the defendant left the state or the country and was unavailable for the plaintiff to file a lawsuit, the statute of limitations may be extended.

Frequently Asked Questions

What is the statute of limitations for mesothelioma in California?

The statute of limitations for mesothelioma in California is two years from the date of diagnosis or the date of death.

What happens if I miss the statute of limitations deadline?

If you miss the statute of limitations deadline, you will be barred from filing a lawsuit and pursuing compensation.

What are the exceptions to the statute of limitations?

The exceptions to the statute of limitations in California include fraudulent concealment, discovery rule, and unavailability rule.

How do I know if I have a case for mesothelioma?

If you have been diagnosed with mesothelioma, it’s important to speak with an experienced mesothelioma attorney to determine if you have a case for compensation.

How much compensation can I receive for a mesothelioma lawsuit?

The amount of compensation you can receive for a mesothelioma lawsuit varies depending on the specifics of your case. However, mesothelioma settlements and verdicts can range from thousands to millions of dollars.

How long does a mesothelioma lawsuit take?

The length of a mesothelioma lawsuit can vary depending on the specifics of your case. Some cases may be resolved in a matter of months, while others may take several years.

Do I need to have been exposed to asbestos in California to file a lawsuit?

No, you do not need to have been exposed to asbestos in California to file a lawsuit. You can file a lawsuit in California if you were exposed to asbestos in another state or country, as long as the defendant is located in California.

Can I still file a lawsuit if the company that exposed me to asbestos is no longer in business?

Yes, you may still be able to file a lawsuit if the company that exposed you to asbestos is no longer in business. An experienced mesothelioma attorney can help you determine who is liable for your exposure and pursue compensation on your behalf.

What if I was exposed to asbestos while serving in the military?

If you were exposed to asbestos while serving in the military, you may be entitled to compensation through the Department of Veterans Affairs. However, you may also be able to file a lawsuit against manufacturers and distributors of asbestos-containing products.

Do I need to go to court for a mesothelioma lawsuit?

Not necessarily. Many mesothelioma lawsuits are settled out of court through negotiations between your attorney and the defendant’s attorneys. However, if a settlement cannot be reached, your case may go to trial.

What should I look for in a mesothelioma attorney?

When choosing a mesothelioma attorney, look for someone with experience in handling mesothelioma cases, a track record of success, and a commitment to fighting for their clients’ rights.

How can I afford a mesothelioma attorney?

Most mesothelioma attorneys work on a contingency basis, meaning they only get paid if you win your case. They will take a percentage of your compensation as their fee, but you will not owe them anything if you do not win.

What can I do to protect myself from asbestos exposure?

If you work in a field where you may be exposed to asbestos, be sure to follow all safety precautions and wear protective gear. If you suspect that you may have been exposed to asbestos in the past, speak with your doctor about getting screened for mesothelioma.

How can I take action?

If you or a loved one has been diagnosed with mesothelioma and believe it was caused by asbestos exposure, don’t wait – contact an experienced mesothelioma attorney today to learn about your legal rights and options.

Conclusion

The mesothelioma statute of limitations in California is two years from the date of diagnosis or the date of death. While the statute of limitations is strict, there are exceptions that may allow you to file a lawsuit after the deadline has passed. It’s important to speak with an experienced mesothelioma attorney to determine if you have a case for compensation.

Remember, if you or a loved one has been diagnosed with mesothelioma, you are not alone. Contact an attorney today to learn more about your legal rights and options.

Disclaimer

This article is for informational purposes only and is not intended as legal advice. Consult with an attorney for guidance on your specific case.