Mesothelioma Statute of Limitations
Filing a claim before the statute of limitations preserves your right to pursue full compensation for the suffering mesothelioma has caused you and your family. If you or a loved one has been diagnosed with an asbestos-related illness, Sieben Polk P.A. can help you understand how the mesothelioma statute of limitations applies to your case. Contact us online or call 651-437-3148 for a free consultation today.
- The statute of limitations determines how much time you have to file a mesothelioma claim.
- Most states have a filing deadline of one to six years from the date of diagnosis or death.
- You may qualify for a deadline extension if your case involves fraud or incapacitation.
- Our asbestos attorneys can help you file your claim before time runs out.
Statute of Limitations: What It Is and Why It Matters
The statute of limitations is the legal deadline to file a mesothelioma claim. It determines how long you have to take legal action after your illness’s diagnosis. Each state sets its own statute of limitations for different types of cases, so your location can influence your filing deadline.
Why Does the Statute of Limitations Matter?
Statutes of limitations promote a fairer legal system by encouraging people to file claims while evidence is still fresh and witnesses are more likely to recall important details. If you miss this deadline, you could lose your right to seek compensation, no matter how strong your case may be.
What Is Mesothelioma?
Mesothelioma is a rare and aggressive cancer affecting the lining around the lungs, abdomen, heart, or testicles. It has a 15 percent five-year survival rate.
Asbestos exposure is the cause of nearly all mesothelioma cases. Most people who develop this cancer were exposed to asbestos at a job site, but some cases result from using consumer products containing asbestos.
How Long Does Mesothelioma Take To Develop?
Mesothelioma develops long after a person is first exposed to asbestos. It usually takes 15 to 40 years to develop this cancer after asbestos exposure. Mesothelioma symptoms sometimes appear sooner or later than that range.
How Long Do I Have To File a Mesothelioma Lawsuit?
The statute of limitations on mesothelioma claims is between one and six years in most states.
The timer typically starts on the date of discovery, which is the day your illness was diagnosed. For example, if your state’s statute of limitations is three years, you must file a claim within three years of your mesothelioma diagnosis. If you lost a loved one to this disease, the timer starts on the date of death.
Understanding the Mesothelioma Statute of Limitations in Your State
Your case’s deadline may depend on whether you’re filing a personal injury claim for your own illness or a wrongful death claim for a loved one’s mesothelioma-related death. Here’s an overview of the statute of limitations on filing for mesothelioma in the states where we represent clients:
- Minnesota: Four years from diagnosis or three years from death or from the date the disease was linked to asbestos exposure
- Wisconsin: Three years from diagnosis or death
- Iowa: Two years from diagnosis or death
- North Dakota: Six years from diagnosis or two years from death
- South Dakota: Three years from diagnosis or death
Even if you have plenty of time to file a claim, we encourage you to take legal action as soon as possible. It takes time to gather evidence and build a strong claim. The sooner you reach out to our attorneys, the better positioned we’ll be to preserve key evidence, locate witnesses, and identify all potential sources of compensation.
What Are the Different Types of Mesothelioma Lawsuits?
There are three main categories of mesothelioma lawsuits:
- Personal injury lawsuit: People diagnosed with mesothelioma may file personal injury lawsuits to recover compensation for medical expenses, lost wages, pain and suffering, and other damages caused by asbestos exposure.
- Wrongful death lawsuit: Families may file a wrongful death lawsuit after losing a loved one to mesothelioma. These claims seek compensation for funeral costs, lost financial support, and the emotional impact of losing a loved one.
- Product liability lawsuit: These lawsuits hold manufacturers, suppliers, or distributors accountable for exposing people to asbestos through dangerous or defective products without proper warnings. Claims for dangerous household asbestos products, manufacturing materials, and construction materials may all fall under this category.
How Long Do You Have To File a Mesothelioma Claim: A State-by-State Guide
Here’s a comprehensive look at the mesothelioma lawsuit statute of limitations in each U.S. state.
What Are My Options if I Miss the Deadline To File My Mesothelioma Claim?
You may still have options if you miss the regular filing deadline. It’s a good idea to have a Minnesota mesothelioma lawyer review your case and determine if you qualify for an exception.
Can You Extend the Mesothelioma Statute of Limitations?
Your case’s filing deadline may be paused if a company fraudulently concealed its role in the asbestos exposure. Similarly, if the victim was mentally incapacitated for some time, the statute of limitations may be extended until they can file or a legal guardian can file for them.
Asbestos Trust Fund Claims
Bankrupt asbestos companies often have asbestos trust funds established to compensate victims without having to go through a traditional lawsuit. Today, an estimated $30 billion remains available across various trusts for victims of asbestos-related illnesses. Each trust sets its own filing deadline, so you may be entitled to compensation through this avenue if you missed the statute of limitations for a lawsuit.
VA Benefits
If you developed mesothelioma due to asbestos exposure during your military service, you may be eligible for benefits through the U.S. Department of Veterans Affairs, or VA. The benefits for a service-connected illness may include:
- VA disability compensation: This is a monthly tax-free payment based on the severity of your condition.
- VA pension benefits: You may be eligible for additional financial assistance if you’re a low-income wartime veteran who is permanently disabled due to mesothelioma.
- VA health care: As a veteran, you can access specialized treatment for mesothelioma through the VA health care system.
Filing in Another State
If you were exposed to asbestos in more than one state, you may be eligible to file a mesothelioma claim in another state with a longer statute of limitations. For example, if you currently live in Minnesota but previously worked near asbestos in North Dakota, you could have additional time to file your claim.
Steps To Take Before the Statute of Limitations Expires for Mesothelioma Claims
Filing a mesothelioma claim is a multi-step process that requires careful preparation. The right lawyer can handle every step so you can focus on your treatment and your family. Because strict deadlines apply, it’s important to begin the process as soon as possible.
Here’s an overview of the steps involved in starting a mesothelioma claim:
- Get a diagnosis: The process begins when you or your loved one is diagnosed with mesothelioma. This diagnosis suggests that you were exposed to asbestos in the past.
- Hire a lawyer: Meet with a lawyer to discuss your rights, options, and next steps. During a free consultation, you’ll have the opportunity to ask the lawyer questions and determine if they’re the best mesothelioma lawyer for your case.
- Investigate your case: After you hire a lawyer, your legal team will investigate your work history, military service, and other possible sources of asbestos exposure. This allows them to determine when and how your exposure occurred.
- Gather evidence: Your lawyer will gather evidence, such as medical records, employment records, and witness testimony, to support your claim.
- File a lawsuit: Finally, your attorney will file a lawsuit with the appropriate court system before the statute of limitations expires.
Over $840 Million Recovered for Minnesotans in Asbestos Cases by Sieben Polk P.A.
Our firm has helped mesothelioma victims and their families seek accountability and compensation since 1972. As one of the earliest law firms to pursue asbestos-related illness claims, we have deep knowledge of common asbestos exposure sites, at-fault companies, and compensation options.
This background helps us achieve groundbreaking settlements and verdicts. We’ve recovered over $840 million for Minnesotans affected by asbestos exposure, including numerous mesothelioma cases.
Sieben Polk P.A.: Your Top Mesothelioma Lawyers in the Midwest
You’re dealing with enough stress after a mesothelioma diagnosis. Allow our firm to handle the legal details while you focus on your health, your family, and moving forward. In a time filled with uncertainty, you can rely on our experience, knowledge, and client-centered approach.
We’re committed to holding negligent asbestos companies accountable for the suffering they’ve caused. Our attorneys are ready to fight for every dollar you and your loved ones deserve during this challenging time. Contact us online or call 651-437-3148 today for a free consultation about your rights and options.
Asbestos & Mesothelioma FAQs
We’ve answered common questions from mesothelioma victims and their loved ones.
The filing process varies depending on whether you’re filing a personal injury lawsuit, an asbestos trust fund claim, or another type of legal action. Contact our law firm for help filing a mesothelioma lawsuit. We can guide you through each step of the process.
No, you may not need to travel to meet with our asbestos lawyers. We understand that families dealing with mesothelioma might not have the resources or physical ability to travel to us. We can meet in whatever way is most convenient for you, whether that’s coming to your home or hospital room or meeting virtually.
The asbestos lawsuit timeline can vary depending on factors such as evidence availability and whether the case goes to trial. Some cases resolve in just a few weeks, while others take a year or more. When you hire our lawyers, we’ll get to work quickly and seek maximum compensation without unnecessary delays.
Possibly. As asbestos companies went bankrupt in the late 20th century, the courts often required them to establish trust funds to compensate victims. If we determine that the company responsible for your asbestos exposure is bankrupt, we can help you file an asbestos trust fund claim.
After your claim settles or the jury issues a verdict, you’ll likely receive your compensation within one to three months. It may take a few weeks for the defendant to issue payment. After that, our attorneys will deduct legal fees and pay any medical providers who have placed liens on your settlement before disbursing the remaining funds to you.
No amount of asbestos exposure is safe. Even brief or low-level contact with asbestos fibers can increase the risk of developing mesothelioma and other asbestos-related diseases. However, most people who develop mesothelioma have experienced repeated exposure to high levels of asbestos through their occupation.
You aren’t entitled to compensation unless you develop an asbestos-related disease, such as mesothelioma, lung cancer, or pleural thickening. However, documenting your exposure now can strengthen your case if you eventually become ill. Write down your memory of where and when the exposure occurred and who was present when it happened.