Mesothelioma Lawsuit Statutes of Limitations is the maximum amount of time that a legal action can take place after an incident. In the case of mesothelioma victims, the statutes of limitations differ from state to state, with the average between one and two years after diagnosis.
That’s why it is so important to make your legal move as quickly as possible Mesothelioma actually poses a unique situation to Mesothelioma Lawsuit Statutes of Limitations nationwide because the illness stays dormant for decades after a person has been exposed to asbestos. That means that potential plaintiffs may be coming forth 20, 30, or even 50 years after their exposure. In response, courts across the country have determined that the statute of limitations for mesothelioma victims doesn’t start until after a diagnosis or when a proper diagnosis should have been made by a doctor. The latter timeframe is difficult to prove because a patient must have evidence that a diagnosis should have been made but wasn’t for some reason.
Meeting the Deadline for Filing Suit
Because asbestos injuries happen in the workplace and are not considered criminal in nature, these cases fall into the category of personal injury law. As a result, personal injury rules and regulations governing the particular state will apply to the case, which includes the statute of limitations. In most states, that length of time is two years after discovery. However, it can span between one and six years.
Regardless of the timeframe, it’s important to realize that no state makes special exceptions for mesothelioma or asbestos-related illness cases. Victims need to seek legal advice as soon as possible after their diagnosis, as they may not have a lot of time before their chance to receive compensation is over.
Some jurisdictions will revive old filings, but such instances must involve grave injustices, substantial legal elements or other forms of extenuating circumstances. To reopen a case, plaintiffs and their attorneys must convince a judge to appeal the previous decision and take another look. Generally, judges do not like to question one another’s decisions and like even less to reexamine their previous rulings, so convincing them to reconsider the limitations rules is no easy achievement.