What is the Statute of Limitations for Asbestos Claims?
Statutes of limitations set timeframes for filing asbestos lawsuits.
The statute of limitations for asbestos claims typically ranges from 1 to 3 years, depending on the state and the type of claim. This timeframe begins when a person is diagnosed or dies due to an asbestos-related disease, so it’s important to contact an experienced attorney as soon as possible.
Asbestos exposure typically warrants one of two types of lawsuits: personal injury or wrongful death. Individuals diagnosed with mesothelioma file personal injury lawsuits, while the families of a deceased victim file wrongful death lawsuits.
The average statute of limitations for personal injury claims is 1-3 years from diagnosis, and for wrongful death claims, it's 1-3 years from the date of death.
The statute of limitations also applies to claims against asbestos trusts, which are funds set up by bankrupt asbestos companies to compensate victims through settlements. The legal process can take time, so it's essential to contact a mesothelioma lawyer as soon as possible after diagnosis.
An experienced asbestos attorney will work with you to determine the filing deadlines for your potential case.
Statute of Limitations on Asbestos Claims by State
The statute of limitations for asbestos claims varies by state. An experienced asbestos attorney can help you determine in which state you should file your claim, even if it isn’t the state where you live.
| State | Personal Injury | Wrongful Death |
|---|---|---|
| Alabama | 2 years from diagnosis | 2 years from death |
| Alaska | 2 years from diagnosis | 2 years from death |
| Arizona | 2 years from diagnosis | 2 years from death |
| Arkansas | 3 years from diagnosis | 3 years from death |
| California | 1 year from diagnosis | 1 year from death |
| Colorado | 2 years from diagnosis | 2 years from death |
| Connecticut | 3 years from diagnosis | 3 years from death |
| Delaware | 2 years from diagnosis | 2 years from death |
| Florida | 4 years from diagnosis | 2 years from death |
| Georgia | 2 years from diagnosis | 2 years from death |
| Hawaii | 2 years from diagnosis | 2 years from death |
| Idaho | 2 years from diagnosis | 2 years from death |
| Illinois | 2 years from diagnosis | 2 years from death |
| Indiana | 2 years from diagnosis | 2 years from death |
| Iowa | 2 years from diagnosis | 2 years from death |
| Kansas | 2 years from diagnosis | 2 years from death |
| Kentucky | 1 year from diagnosis | 1 year from death |
| Louisiana | 1 year from diagnosis | 1 year from death |
| Maine | 6 years from diagnosis | 2 years from death |
| Maryland | 3 years from diagnosis | 3 years from death |
| Massachusetts | 3 years from diagnosis | 3 years from death |
| Michigan | 3 years from diagnosis | 3 years from death |
| Minnesota | 4 years from diagnosis | 3 years from death |
| Mississippi | 3 years from diagnosis | 3 years from death |
| Missouri | 5 years from diagnosis | 3 years from death |
| Montana | 3 years from diagnosis | 3 years from death |
| Nebraska | 4 years from diagnosis | 2 years from death |
| Nevada | 2 years from diagnosis | 2 years from death |
| New Hampshire | 3 years from diagnosis | 3 years from death |
| New Jersey | 2 years from diagnosis | 2 years from death |
| New Mexico | 3 years from diagnosis | 3 years from death |
| New York | 3 years from diagnosis | 2 years from death |
| North Carolina | 3 years from diagnosis | 2 years from death |
| North Dakota | 6 years from diagnosis | 2 years from death |
| Ohio | 2 years from diagnosis | 2 years from death |
| Oklahoma | 2 years from diagnosis | 2 years from death |
| Oregon | 3 years from diagnosis | 3 years from death |
| Pennsylvania | 2 years from diagnosis | 2 years from death |
| Rhode Island | 3 years from diagnosis | 3 years from death |
| South Carolina | 3 years from diagnosis | 3 years from death |
| South Dakota | 3 years from diagnosis | 3 years from death |
| Tennessee | 1 year from diagnosis | 1 year from death |
| Texas | 2 years from diagnosis | 2 years from death |
| Utah | 3 years from diagnosis | 2 years from death |
| Vermont | 3 years from diagnosis | 2 years from death |
| Virginia | 2 years from diagnosis | 2 years from death |
| Washington | 3 years from diagnosis | 3 years from death |
| West Virginia | 2 years from diagnosis | 2 years from death |
| Wisconsin | 3 years from diagnosis | 3 years from death |
| Wyoming | 4 years from diagnosis | 2 years from death |
Frequently Asked Questions
What is the average statute of limitations on asbestos claims?
Jurisdictions set varying timeframes, typically ranging from 1 to 3 years, for filing asbestos claims. Consult with an experienced asbestos attorney to determine the specific statute of limitations as it pertains to your case.
Does the statute of limitations apply to asbestos trusts?
Yes, the statute of limitations also applies to asbestos trust claims. To ensure eligibility for compensation, it is important to file a claim with an asbestos trust within the designated timeframe. Work with an experienced asbestos attorney who can guide you through the process and help meet the necessary deadlines.
How long can you file a claim for asbestos after death?
In most states, you must file an asbestos claim after death within 2-3 years. In California, Kentucky, Louisiana and Tennessee, the statute of limitations for a wrongful death is 1 year.
Request a Free Case Evaluation
Request a free case evaluation now if you or someone you love has been diagnosed with mesothelioma. The evaluation will cost you nothing. Our lawyers will travel to visit you at your convenience or conference call with you over the phone. We understand how difficult a time this is for you and will assist in any way that we can. You can also call us toll-free at 1-800-336-0086 at any time.
Attorney Meisenkothen is a member of several professional organizations, including the Connecticut Trial Lawyers Association, the American Association for Justice, the American Bar Association, and the Connecticut Bar Association.
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