Mesothelioma Statute of Limitations
The mesothelioma statute of limitations sets a deadline for how long you have to file a lawsuit. Depending on the state, this ranges anywhere from 1 to 6 years after a diagnosis or the death of a loved one.
At Simmons Hanly Conroy, we’ve successfully helped over 8,900 families file a claim before the mesothelioma lawsuit deadline.
Don’t wait until it’s too late. Call (800) 326-8900 now to get started with a free legal consultation.
Legally Reviewed and Fact Checked by: John Simmons, Chairman of Simmons Hanly Conroy
What Is the Statute of Limitations on Asbestos Claims?
The mesothelioma statute of limitations on asbestos claims is a state law that establishes the amount of time you have to file a lawsuit. The deadline varies by state and depends on whether you’re filing a personal injury or a wrongful death lawsuit.
After this time limit expires, courts will generally no longer accept the claim, regardless of how strong the underlying case is.
About Mesothelioma Statutes of Limitations
- Mesothelioma Personal Injury Deadlines: 1-6 years after diagnosis
- Mesothelioma Wrongful Death Deadlines: 1-3 years after a patient has passed away
- Discovery Rule: Since mesothelioma can take decades to develop, the clock starts ticking at the time of diagnosis or death, not at exposure
- Most Common Deadline: 41 states set mesothelioma personal injury statutes of limitations between 2-3 years
- The Shortest Deadlines: California, Kentucky, Tennessee, and Louisiana give just 1 year to file in some cases
- The Longest Deadlines: Maine, Minnesota, and North Dakota allow up to 6 years to file in some cases
- Asbestos Trust Funds: Set their own filing deadlines, separate from state law
“We contacted a law firm within a month of him being diagnosed. If we had waited, we would’ve missed out on the opportunity to get him help. He only had a year to be able to file. Otherwise, there would’ve been no repercussions for the companies that have done this.”
– Connie, Wife of a U.S. Veteran with Mesothelioma
As a national mesothelioma law firm, Simmons Hanly Conroy can file an asbestos claim for compensation on behalf of families in all 50 states.
One of the biggest reasons we aren’t able to help someone is because the deadline has already passed. Don’t let this happen to you. Even if you think the deadline may have already passed, don’t assume it’s too late to file a claim.
- We fight to maximize your results
- Many get results in as few as 90 days
- No out-of-pocket costs for your family
Mesothelioma Lawsuit Statute of Limitations by State
Which state’s statute of limitations applies to your case isn’t always based on where you currently live — it can depend on factors like where the exposure occurred or where the company responsible for your exposure is headquartered.
Each state has a specific mesothelioma lawsuit statute of limitations for both personal injury and wrongful death claims. Product liability statutes may also apply when a claim is brought against a manufacturer, distributor, or seller of an asbestos product.
Find out more about the mesothelioma claims time limit in all 50 states below.
| State | Personal Injury Lawsuit | Wrongful Death Lawsuit | Product Liability Lawsuit |
|---|---|---|---|
| Alabama | 2 Years: Ala. Code § 6-2-38(l) | 2 Years: Ala. Code § 6-5-410 | 2 Years: Ala. Code § 6-2-38(l) |
| Alaska | 2 Years: Alaska Stat. § 09.10.070(a) | 2 Years: Alaska Stat. § 09.55.580 | 2 Years: Alaska Stat. § 09.10.070(a) |
| Arizona | 2 Years: Ariz. Rev. Stat. § 12-542(1) | 2 Years: Ariz. Rev. Stat. § 12-542 | 2 Years: Ariz. Rev. Stat. § 12-542(1) |
| Arkansas | 3 Years: Ark. Code Ann. § 16-56-105(1) | 3 Years: Ark. Code Ann. § 16-62-102 | 3 Years: Ark. Code Ann. § 16-56-105(1) |
| California | 1 Year: Cal. Civ. Proc. Code § 340.2(a) | 1 Year: Cal. Civ. Proc. Code § 340.2(c) | 1 Year: Cal. Civ. Proc. Code § 340.2 |
| Colorado | 2 Years: Colo. Rev. Stat. § 13-80-102(1)(d) | 2 Years: Colo. Rev. Stat. § 13-80-102(1)(d) | 2 Years: Colo. Rev. Stat. § 13-80-102(1)(d) |
| Connecticut | 3 Years: Conn. Gen. Stat. § 52-584 | 3 Years: Conn. Gen. Stat. § 52-555 | 3 Years: Conn. Gen. Stat. § 52-577a |
| Delaware | 2 Years: 10 Del. C. § 8119 | 2 Years: 10 Del. C. § 8107 | 2 Years: 10 Del. C. § 8119 |
| Florida | 2 Years: Fla. Stat. § 95.11(4)(a) | 2 Years: Fla. Stat. § 95.11(4)(d) | 2 Years: Fla. Stat. § 95.11(4)(a) |
| Georgia | 2 Years: O.C.G.A. § 9-3-33 | 2 Years: O.C.G.A. § 51-4-2 | 2 Years: O.C.G.A. § 9-3-33 |
| Hawaii | 2 Years: HRS § 657-7 | 2 Years: HRS § 663-3 | 2 Years: HRS § 663-3 |
| Idaho | 2 Years: Idaho Code § 5-219(4) | 2 Years: Idaho Code § 5-219(4) | 2 Years: Idaho Code § 6-1403(3) |
| Illinois | 2 Years: 735 ILCS 5/13-202 | 2 Years: 740 ILCS 180/2 | 2 Years: 735 ILCS 5/13-213 |
| Indiana | 2 Years: Ind. Code § 34-11-2-4 | 2 Years: Ind. Code § 34-23-1-1 | 2 Years: Ind. Code § 34-20-3-2 |
| Iowa | 2 Years: Iowa Code § 614.1(2) | 2 Years: Iowa Code § 614.1(2) | 2 Years: Iowa Code § 614.1(2) |
| Kansas | 2 Years: K.S.A. § 60-513(a) | 2 Years: K.S.A. § 60-513(a)(5) | 2 Years: K.S.A. § 60-513(a) |
| Kentucky | 1 Year: Ky. Rev. Stat. § 413.140(1)(a) | 1 Year: Ky. Rev. Stat. § 413.180 | 1 Year: Ky. Rev. Stat. § 413.140(1)(a) |
| Louisiana | 2 Years: La. Civ. Code art. 3493.11 | 1 Year: La. Civ. Code art. 2315.2 | 2 Years: La. Civ. Code art. 3493.11 |
| Maine | 6 Years: 14 M.R.S. § 752 | 3 Years: 18-C M.R.S. § 2-807 | 6 Years: 14 M.R.S. § 752 |
| Maryland | 3 Years: Md. Code, Cts. & Jud. Proc. § 5-101 | 3 Years: Md. Code, Cts. & Jud. Proc. § 3-904 | 3 Years: Md. Code, Cts. & Jud. Proc. § 5-101 |
| Massachusetts | 3 Years: M.G.L. c. 260, § 2A | 3 Years: M.G.L. c. 229, § 2 | 3 Years: M.G.L. c. 260, § 2A |
| Michigan | 3 Years: MCL § 600.5805 | 3 Years: Mich. Comp. Laws § 600.5805(2) | 3 Years: MCL § 600.5805 |
| Minnesota | 6 Years: Minn. Stat. § 541.05, subd. 1(5) | 3 Years: Minn. Stat. § 573.02 | 4 Years: Minn. Stat. § 541.05, subd. 2 |
| Mississippi | 3 Years: Miss. Code § 15-1-49 | 3 Years: Miss. Code Ann. § 15-1-49 | 3 Years: Miss. Code § 15-1-49 |
| Missouri | 5 Years: Mo. Rev. Stat. § 516.120 | 3 Years: Mo. Rev. Stat. § 537.100 | 5 Years: Mo. Rev. Stat. § 516.120 |
| Montana | 3 Years: Mont. Code § 27-2-204(1) | 3 Years: Mont. Code § 27-2-204(2) | 3 Years: Mont. Code § 27-2-204(1) |
| Nebraska | 4 Years: Neb. Rev. Stat. § 25-207 | 2 Years: Neb. Rev. Stat. § 30-810 | 4 Years: Neb. Rev. Stat. § 25-224 (5) |
| Nevada | 2 Years: NRS § 11.190(4)(e) | 2 Years: NRS § 11.190(4)(e) | 2 Years: NRS § 11.190(4)(e) |
| New Hampshire | 3 Years: RSA § 508:4 | 3 Years: RSA § 556:11 | 3 Years: RSA § 508:4 |
| New Jersey | 2 Years: N.J.S.A. § 2A:14-2 | 2 Years: N.J.S.A. § 2A:31-3 | 2 Years: N.J.S.A. § 2A:14-2 |
| New Mexico | 3 Years: N.M.S.A. § 37-1-8 | 3 Years: N.M.S.A. § 41-2-2 | 3 Years: N.M.S.A. § 37-1-8 |
| New York | 3 Years: CPLR § 214-c | 2 Years: EPTL § 5-4.1 | 3 Years: CPLR § 214-c |
| North Carolina | 3 Years: N.C. Gen. Stat. § 1-52(16) | 2 Years: N.C. Gen. Stat. § 1-53(4) | 3 Years: N.C. Gen. Stat. § 1-52(16) |
| North Dakota | 6 Years: N.D. Cent. Code § 28-01-16(5) | 2 Years: N.D. Cent. Code § 28-01-18(4) | 6 Years: N.D. Cent. Code § 28-01-16(5) |
| Ohio | 2 Years: Ohio Rev. Code § 2305.10 | 2 Years: Ohio Rev. Code § 2125.02(D)(1) | 2 Years: Ohio Rev. Code § 2305.10 |
| Oklahoma | 2 Years: 12 O.S. § 95(A)(3) | 2 Years: 12 O.S. § 1053 | 2 Years: 12 O.S. § 95(A)(3) |
| Oregon | 2 Years: ORS § 12.110(1) | 3 Years: ORS § 30.020 | 2 Years: ORS § 30.907 |
| Pennsylvania | 2 Years: 42 Pa.C.S. § 5524(8) | 2 Years: 42 Pa.C.S. § 5524(8) | 2 Years: 42 Pa.C.S. § 5524(8) |
| Rhode Island | 3 Years: R.I. Gen. Laws § 9-1-14(b) | 3 Years: R.I. Gen. Laws § 10-7-2 | 3 Years: R.I. Gen. Laws § 9-1-14(b) |
| South Carolina | 3 Years: S.C. Code § 15-3-530(5) | 3 Years: S.C. Code § 15-3-530(6) | 3 Years: S.C. Code § 15-3-530(5) |
| South Dakota | 3 Years: SDCL § 15-2-14(3) | 3 Years: SDCL § 21-5-3 | 3 Years: SDCL § 15-2-12.2 |
| Tennessee | 1 Year: Tenn. Code § 28-3-104 | 1 Year: Tenn. Code § 28-3-104 | 1 Year: Tenn. Code § 28-3-104 |
| Texas | 2 Years: Tex. Civ. Prac. & Rem. Code § 16.003(a) | 2 Years: Tex. Civ. Prac. & Rem. Code § 16.003(b) | 2 Years: Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Utah | 3 Years: Utah Code § 78B-2-117 | 2 Years: Utah Code § 78B-2-304 | 2 Years: Utah Code § 78B-6-706 |
| Vermont | 3 Years: 12 V.S.A. § 512 | 2 Years: 14 V.S.A. § 1492 | 6 Years: Vt. Stat. Ann. Tit. 12, § 511 |
| Virginia | 2 Years: Va. Code § 8.01-243(A) | 2 Years: Va. Code § 8.01-244(B) | 2 Years: Va. Code § 8.01-243(A) |
| Washington | 3 Years: RCW § 4.16.080(2) | 3 Years: RCW § 4.16.080 | 3 Years: RCW § 7.72.060 |
| West Virginia | 2 Years: W. Va. Code § 55-2-12 | 2 Years: W. Va. Code § 55-7-6 | 2 Years: W. Va. Code § 55-2-12 |
| Wisconsin | 3 Years: Wis. Stat. § 893.54(1m)(a) | 3 Years: Wis. Stat. § 893.54(1m)(b) | 3 Years: Wis. Stat. § 893.54(1m)(a) |
| Wyoming | 4 Years: Wyo. Stat. § 1-3-105(a)(iv)(C) | 2 Years: Wyo. Stat. § 1-38-102 | 4 Years: Wyo. Stat. § 1-3-105(a)(iv)(C) |
Our mesothelioma lawyers can file claims anywhere in the United States, whether it’s where you were exposed to asbestos, where the company responsible for your illness is located, or where you live now.
When Do the Mesothelioma Statutes of Limitations Start?
The mesothelioma statutes of limitations start when a patient is diagnosed for a personal injury claim or when the patient dies for a wrongful death claim.
The exact trigger for personal injury claims can vary by state. Some states start the clock the day a patient is officially diagnosed. Others start it the day a patient learns their illness is connected to asbestos exposure — which isn’t always the same day.
“This is so critical because you can have a strong case, but if the deadline passes, you may lose your right to pursue compensation. Sometimes there are exceptions, where we can consider different filing options, but those decisions need to be made quickly.”
– Don Blydenburgh, Firm Partner
At Simmons Hanly Conroy, we can investigate how you were exposed to asbestos, determine which companies are to blame for your illness, and pursue a mesothelioma settlement from each one.
Factors Impacting the Statute of Limitations for Asbestos Claims
The statute of limitations for asbestos claims can be affected by where you file your claim, the type of claim you’re pursuing, your relationship to the victim, and more.
Factors that may impact the asbestos statute of limitations in your case include:
- Where you live now: Your asbestos lawyer may be able to file your claim in the state where you currently reside.
- Where you were exposed to asbestos: If you lived or worked in a different state when you were exposed to asbestos, you may be able to file a claim in that state instead.
- Which companies are responsible for your exposure: Mesothelioma lawsuits can also be filed in states where the companies that made or sold asbestos products are located or did business.
- If you’re a patient or family member: Personal injury lawsuits and wrongful death lawsuits may have different claim deadlines, depending on the state.
- The type of claim you’re filing: In addition to asbestos lawsuits, compensation may be available from trust fund claims and VA benefits, which have different deadlines.
Our asbestos attorneys can take all of these factors into account and file your lawsuit in the state most likely to award you the most compensation.
Mesothelioma Lawsuit Deadline After the Death of a Loved One
When someone passes away from mesothelioma, their surviving family members or an estate representative may be able to take legal action. The mesothelioma lawsuit deadline for a wrongful death claim is typically 1 to 3 years after their passing.
In most states, the wrongful death deadline matches the personal injury deadline. However, 22% of states give families a shorter filing window than living patients get. Oregon is the only state where the wrongful death deadline is longer than the personal injury deadline.
After the death of a loved one, the mesothelioma lawsuit deadline can arrive faster than families expect — especially while arranging a funeral, dealing with their estate, and grieving.
During this difficult time, you shouldn’t have to navigate legal deadlines on your own. Our attorneys can handle the investigation and filing on your behalf, so you can focus on your family.
The Discovery Rule for Mesothelioma
The discovery rule for mesothelioma means that the statute of limitations typically starts from the date you’re diagnosed with mesothelioma, not from the date you were first exposed to asbestos.
This cancer can take 10 to 50 years to develop. If the clock started after the initial exposure, most claims would be time-barred before symptoms ever appeared. As a result, courts use the discovery rule to protect victims’ legal rights.
This deadline can be delayed even further in some states, with that statute of limitations only coming into effect after you’ve learned about the link between your cancer and asbestos.
Statute of Repose & Asbestos Claims
A statute of repose is a type of legal deadline that sets a hard cutoff based on something the defendant did, rather than on when you were actually injured. This typically comes up in cases involving construction or building improvements.
If you were exposed to asbestos at a job site, a statute of repose might block you from suing the contractor, builder, or property owner if too many years have passed since construction finished, even if you weren’t diagnosed until decades later.
Because a statute of repose can cut off a claim before symptoms even appear, some states have carved out exceptions. Connecticut, for example, extended its standard 10-year product liability repose period to 80 years for asbestos-related injury or death claims.
Not every state offers this kind of exception, and the rules can vary depending on which companies you’re suing. Our mesothelioma attorneys can determine whether and how a statute of repose may apply to your specific case.
When Can the Statute of Limitations on Mesothelioma Claims Be Tolled?
In certain situations, courts can “toll” or pause the statute of limitations on mesothelioma claims, giving you more time to file than the standard deadline would normally allow. One of the most significant tolling doctrines in asbestos litigation is fraudulent concealment.
Fraudulent concealment may involve companies hiding known health risks linked to their own product. If a defendant actively concealed the wrongdoing that caused your injury, the statute of limitations doesn’t start running until you discover the truth.
In Bader v. Johnson & Johnson, an appeals court upheld a jury’s finding that Johnson & Johnson fraudulently concealed asbestos contamination in their talc products, contributing to a woman’s mesothelioma diagnosis.
If a company hid what they knew, you may have more time to file than the standard mesothelioma claim time limit suggests. Simmons Hanly Conroy can review your case for free and help determine whether tolling could apply.
- We fight to maximize your results
- Many get results in as few as 90 days
- No out-of-pocket costs for your family
What to Do If the Mesothelioma Claims Time Limit Has Passed
Even if you think the mesothelioma claims time limit has passed in your case, you should still reach out to our asbestos law firm as soon as possible.
We may be able to file your lawsuit in a different state with a longer statute of limitations, so you can get the justice and compensation you deserve.
Our experienced lawyers can also explore other mesothelioma compensation options that may be available to you, which often have different deadlines than a lawsuit.
“Our firm is a national firm with multiple offices, and that’s a benefit to our clients because we are already where the fight will be. We have the ability to help clients in all 50 states, in every single courtroom. We’re licensed everywhere.”
– Dan Blouin, Firm Partner
Statute of Limitations on Asbestos Trust Fund Claims
An estimated $30 billion is still available in trust funds created by asbestos companies that filed for bankruptcy to avoid mesothelioma lawsuits.
Each asbestos trust fund has its own individual statute of limitations, so the time limit to file a claim varies.
Our experienced mesothelioma attorneys can file your asbestos trust fund claims before any deadlines. This may allow you to receive compensation without leaving the comfort of your own home.
Deadline to File Mesothelioma VA Benefit Claims
Veterans with mesothelioma may be eligible for compensation from the U.S. Department of Veterans Affairs (VA). Since mesothelioma has a 100% disability rating, VA payouts for this cancer are worth over $3,930 a month.
There is no time limit on mesothelioma VA benefits claims, so veterans can file for financial compensation and free health care at any time.
As a veteran-founded law firm with VA-accredited attorneys on staff, we can help veterans of the U.S. Armed Forces prepare their claims for benefits.
When Should I Contact an Asbestos Exposure Attorney?
The best time to contact an asbestos exposure attorney is as soon as possible after a mesothelioma diagnosis. Deadlines to pursue legal compensation vary by state, and even a short delay can mean the difference between having options and having none.
An attorney can quickly determine which mesothelioma statute of limitations applies to your situation and identify whether you’re still within your filing window.
You don’t need to commit to filing a lawsuit right away. Many families contact an attorney early simply to understand their rights and preserve the option to file later.
“These deadlines matter because if they pass, families may lose the chance to file altogether. That is why I encourage people to talk with an attorney as soon as they’re ready. For mesothelioma clients, starting the legal process early ensures the claim can move forward when your family decides the time is right.”
– Casey Cira, Firm Partner
Get Help Before the Asbestos Claims Statute of Limitations Has Passed
At Simmons Hanly Conroy, we’ve helped families in all 50 states secure compensation before the asbestos claims statute of limitations has passed.
With offices nationwide and over 25 years of experience handling mesothelioma cases, our firm will do everything we can to get you meaningful results as quickly as possible.
We’ve secured over $10.6 billion in mesothelioma compensation for our clients, and there are no upfront costs or hourly fees to work with our team.
Call (800) 326-8900 now or fill out our contact form to get started with a free consultation.
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Asbestos Statute of Limitations FAQs
What is the statute of limitations for asbestos claims?
The statute of limitations for asbestos claims is only 1 to 3 years in most states, depending on whether you’re filing for yourself or a loved one who passed away.
If you miss this deadline, you won’t be able to file a lawsuit and pursue compensation, so it’s important to contact an asbestos law firm as soon as possible.
It always seems too soon to begin a mesothelioma claim — until it’s too late. Contact us now so you don’t miss your chance for justice.
What if the mesothelioma settlement statute of limitations passes before I file my claim?
The mesothelioma settlement statute of limitations is complicated and can be difficult to figure out. Even if you think it has passed, you may still have time — but you have to act fast.
Even if you think it’s too late, you may still have time to file an asbestos claim. Other options may be available, like filing your claim in another state or pursuing compensation from an asbestos trust fund instead of a lawsuit.
Find out what options may be available to you during a free consultation. We’ll work hard to secure the most compensation possible for your family.
Can I sue for asbestos exposure that happened decades ago?
Yes. Because mesothelioma can take 10 to 50 years to develop, the filing countdown doesn’t start on the date you were exposed to asbestos — it starts on the date you’re diagnosed or the date a loved one passes away.
This discovery rule exists specifically so patients aren’t barred from filing before they even know they’re sick. Victims who were exposed in the 1960s, 1970s, or 1980s can still file an asbestos claim today, as long as they file within their state’s mesothelioma lawsuit deadline.
Can I still file a claim if my loved one has already passed away?
Yes. Family members and estate representatives may be able to file a mesothelioma wrongful death lawsuit after a loved one has passed away.
The asbestos statute of limitations still applies to wrongful death cases though, so it’s important to contact a mesothelioma law firm as soon as possible.
What is the time limit for mesothelioma claims?
In most states, the time limit for mesothelioma claims is only 1 to 3 years after a diagnosis or the death of a loved one.
At Simmons Hanly Conroy, we can determine the specific deadline that applies to your case and help make sure your claim is filed in time.
Call (800) 326-8900 now to get started with a free case review. Don’t miss out on the money you deserve.
Can the statute of limitations for mesothelioma be extended?
Yes, in some cases. While the standard deadline typically runs from the date of diagnosis or death, courts can “toll” or pause that deadline under certain circumstances.
Some states also apply a discovery rule that delays the deadline further if a patient didn’t immediately learn their illness was linked to asbestos.
Because these exceptions depend heavily on the specific facts of your case and the laws of your state, it’s worth speaking with a mesothelioma attorney even if you believe your deadline has already passed.
In some situations, you may also be able to file in a different state with a longer statute of limitations or pursue compensation through asbestos trust funds, which have their own separate deadlines.
Which states can you file a mesothelioma lawsuit in?
Mesothelioma lawsuits can be filed in all 50 states. Our attorneys can determine the best state to file your claim in.
Typically, you may be able to file a mesothelioma lawsuit in the state where:
- You currently live
- Your exposure to asbestos took place
- The companies that made and sold the products you were exposed to are located
Call (800) 326-8900 now to see if we can help you take action before the mesothelioma lawsuit deadline in your case.
How much do mesothelioma lawyers in the U.S. cost?
At Simmons Hanly Conroy, there are no upfront costs or hourly fees to work with our mesothelioma lawyers in the U.S.
We can help families across the country take legal action for mesothelioma without any financial risk. Our team only gets paid if we secure compensation for you.
Reviewed by: John Simmons Chairman of Simmons Hanly Conroy
- Fact-Checked
- Legal Reviewer
John Simmons is a founder and Chairman of Simmons Hanly Conroy. After serving in the U.S. Army, he went on to earn his Doctor of Law degree from Southern Methodist University School of Law. He has helped recover some of the biggest verdicts and settlements in asbestos litigation history and is rated as one of the Top 100 Trial Lawyers.