Mesothelioma Statute of Limitations
Every state has a law called the mesothelioma statute of limitations, which determines how long you have to pursue compensation for this illness. In some states, you have as little as 1 year to take action.
At Simmons Hanly Conroy, we’ve successfully helped over 6,000 families file a claim before the mesothelioma lawsuit deadline.
Don’t miss your chance for justice. 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 statutes of limitations on asbestos claims are state laws that establish the amount of time you have to file a mesothelioma lawsuit.
The mesothelioma lawsuit statute of limitations:
- Varies from state to state depending on where you file your claim
- Only gives you 1 to 3 years to file in the majority of states
- Typically starts after a diagnosis or the death of a loved one
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.
As a national mesothelioma law firm, Simmons Hanly Conroy can file an asbestos claim for compensation on behalf of families in all 50 states.
We’ve secured more than $9.6 billion for mesothelioma patients and their loved ones. Contact us now to get started with your claim before it’s too late.
- 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 Deadlines By State
Each state has a specific mesothelioma lawsuit deadline for both personal injury claims and wrongful death claims.
Find out more about the mesothelioma claims time limit in all 50 states below.
| State | Personal Injury Lawsuit | Wrongful Death Lawsuit |
|---|---|---|
| Alabama | 2 | 2 |
| Alaska | 2 | 2 |
| Arizona | 2 | 2 |
| Arkansas | 3 | 3 |
| California | 1 | 1 |
| Colorado | 2 | 2 |
| Connecticut | 3 | 3 |
| Delaware | 2 | 2 |
| Florida | 4 | 2 |
| Georgia | 2 | 2 |
| Hawaii | 2 | 2 |
| Idaho | 2 | 2 |
| Illinois | 2 | 2 |
| Indiana | 2 | 2 |
| Iowa | 2 | 2 |
| Kansas | 2 | 2 |
| Kentucky | 1 | 1 |
| Louisiana | 1 | 1 |
| Maine | 6 | 3 |
| Maryland | 3 | 3 |
| Massachusetts | 3 | 3 |
| Michigan | 3 | 3 |
| Minnesota | 6 | 3 |
| Mississippi | 3 | 3 |
| Missouri | 5 | 3 |
| Montana | 3 | 3 |
| Nebraska | 4 | 2 |
| Nevada | 2 | 2 |
| New Hampshire | 3 | 3 |
| New Jersey | 2 | 2 |
| New Mexico | 3 | 3 |
| New York | 3 | 2 |
| North Carolina | 3 | 2 |
| North Dakota | 6 | 2 |
| Ohio | 2 | 2 |
| Oklahoma | 2 | 2 |
| Oregon | 2 | 3 |
| Pennsylvania | 2 | 2 |
| Rhode Island | 3 | 3 |
| South Carolina | 3 | 3 |
| South Dakota | 3 | 3 |
| Tennessee | 1 | 1 |
| Texas | 2 | 2 |
| Utah | 3 | 2 |
| Vermont | 3 | 2 |
| Virginia | 2 | 2 |
| Washington | 3 | 3 |
| West Virginia | 2 | 2 |
| Wisconsin | 3 | 3 |
| Wyoming | 4 | 2 |
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.
At Simmons Hanly Conroy, we've helped thousands of families seek justice. See what our clients have to say about their experience.
“Simmons Hanly Conroy helped us when nobody else would. They care about you, they really do.”
– Mike, Mesothelioma Warrior
“One check showed up, and then another check showed up, and then another, and they’re still coming in now. It’s been very satisfying.”
– Jimmy, Mesothelioma Survivor
“Hiring Simmons Hanly Conroy was the smartest decision Norris and I ever made together. They’re in it for all the right reasons.”
– Lori, Wife of Norris
“We wanted to make sure we had the financial backing to make my mom’s end of life comfortable.”
– Debbie, Daughter of Burlene
Factors Impacting the Asbestos Statute of Limitations
The asbestos statutes of limitations can be affected by where you file your claim, the type of claim you’re pursuing, your relationship to the injured, 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.
- 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 likely to award you the most compensation.
Contact us now to get started with a free consultation. Let us put our experience and resources to work for you.
“Our firm is a national firm with multiple offices, and that’s a benefit to our client 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
When Does the Mesothelioma Lawsuit Deadline Start?
The mesothelioma statute of limitations doesn’t begin after your initial exposure to asbestos, as this cancer can take 10 to 50 years to develop.
Instead, the start of the mesothelioma lawsuit deadline depends on the type of claim being filed:
- For personal injury lawsuits, which are filed by a patient, the clock starts ticking from the date of diagnosis.
- For wrongful death claims, which are filed by a patient’s family member or estate representative, it starts from the date of the patient’s passing.
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.
- 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 have different deadlines than a lawsuit.
Asbestos Trust Funds
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.
Mesothelioma VA Benefits
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 $3,700 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.
Act Before the Asbestos Claims Statute of Limitations Passes
At Simmons Hanly Conroy, we’ve helped families in all 50 states secure compensation before the asbestos statute of limitations 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 $9.6 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.
When you work with our mesothelioma lawyers, you get the personal support of a local legal team with the resources and reach of a nationwide law firm. Meet some of our top mesothelioma lawyers below.
Mesothelioma Lawsuit Statute of Limitations FAQs
What is the statute of limitations on mesothelioma claims?
The statute of limitations on mesothelioma claims is only 1 to 3 years in most states, depending on if you’re filing for yourself or a loved one who passed away.
If you miss this deadline, you won’t be able to pursue compensation for your illness, 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 happens if the asbestos statute of limitations passes before I file my claim?
The asbestos 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.
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.
How long do you have to make an asbestos claim?
Most states only give you 1 to 3 years to file an asbestos claim after a mesothelioma 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 I still file a mesothelioma claim after a loved one has 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.
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, sold, or distributed the products you were exposed to are
Call (800) 326-8900 now to see if we can help you take action before the mesothelioma lawsuit deadline.
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.
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.