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What Is the Statute of Limitations on Asbestos Claims? Statutes of limitations are laws that establish maximum time limits for filing legal claims. The laws differ based on the type of asbestos claim, and also by state. The statute of limitations can be a challenge for the victims since it takes decades for mesothelioma or other asbestos-related diseases to develop. Statutes of limitations are determined by the location where a person lives and the date they were exposed to asbestos and the companies responsible. Date of diagnosis or death Asbestos-related illnesses, such as asbestosis and mesothelioma can take years to develop and be diagnosed. In many states, the time limit for filing a claim begins when the victim is diagnosed with the disease, or in the case of an unjust death, when the victim dies. Allen asbestos attorneys makes it difficult to determine the ideal time to file a lawsuit. Victims need to be aware of the statute of limitations may apply to their situation. They should look for knowledgeable lawyers who specialize in mesothelioma to ensure that the statute of limitation is not about to expire and they are able to pursue legal action for compensation. The discovery rule is an essential component in mesothelioma lawsuits. The clock of the statute of limitations does not start until the person discovers, or ought to have realized that they suffer from an asbestos-related illness. Due to the long period of latency, this usually occurs when someone is diagnosed with mesothelioma or an asbestos-related disease. In wrongful death cases that involve asbestos, the statute begins to run from the date of the deceased person's death. There are other factors that can impact a person's statute of limitations. This includes the state where they reside and the state where they were exposed as well as the location of the companies responsible for the exposure. This information is available in employment documents as well as medical records and other sources. In special circumstances, the statute of limitation can be tolled or paused. The most frequent scenario is a minor or someone who is not mentally competent to bring a lawsuit. It is usually a family member filing a wrongful death suit on behalf of a loved one who has passed in the course of asbestos-related illnesses. The statute of limitations for asbestos claims is a bit of a hazard. It is crucial for those who have been affected to find a mesothelioma attorney as soon as possible, so the lawyer can examine medical documents and other evidence to determine when the statute of limitations will start to run and how it will affect their case. Lawyers can request an extension when the statute of limitations is set to expire. Date of Exposure A statute of limitation sets an expiration date for the time a victim has to pursue legal action or submit an claim for compensation. This deadline varies by state and the kind of claim. In the majority of personal injury claims, the clock begins to run once the plaintiff is injured. Asbestos cases differ. Mesothelioma, asbestosis and other asbestos-related diseases have a latency period that can range between 10 and 50 years after the initial exposure. Because of the time delay in the onset of symptoms, it is difficult to determine when the statute of limitation begins. The answer is contingent on a variety of variables that include how much knowledge the victim can reasonably have expected to have regarding their injury, as well as how long ago their exposure dates. The date of diagnosis or death is important as victims may have had multiple diagnoses during their entire lives. The nature of the claim is a different aspect, with wrongful death cases having different timelines than personal injury cases. Families of victims should consult an experienced lawyer as early as possible in wrongful death cases. They will look over medical records and determine the beginning of the statute of limitations. In addition to determining the start of the time period an attorney will also take into consideration any special circumstances that could influence how the statute of limitations applies to the case. Statutes of limitation are designed to encourage timely proceedings and to stop a victim's claim from becoming outdated or stale. In contrast to other types of lawsuits asbestos and mesothelioma claims are especially complex because of the lengthy latency time associated with these injuries. Due to the complexity of the case, asbestos victims and their family members should consult an experienced mesothelioma lawyer in order to file a lawsuit within the time frame. Even if the statute of limitation has passed, you may still be eligible for compensation through one or more asbestos trust funds. These trusts were established by asbestos companies that were declared bankrupt and found responsible for the deaths and injuries of victims. Each asbestos trust sets its own timeline for filing an claim. Filing Location In some cases it can be difficult to determine when someone became ill from asbestos exposure. This is why the statute of limitations “clock” does not typically begin at the point that a person receives a diagnosis or death. Mesothelioma, and other asbestos-related illnesses are often progressive. This means that symptoms may develop over many years before an asbestos-related illness is recognized. It is important to file a claim in the right state when a diagnosis of mesothelioma is made. An experienced mesothelioma lawyer will aid victims and their family members with determining which state to file according to a variety of factors including the state of residence, where the asbestos victim worked and lived and worked, the states they've visited, and where the asbestos-related employers were located. The state in which an asbestos claim was filed will also determine the applicable statute of limitations. This is especially true if the claimant is filing an injury to the person or wrongful death lawsuit. If mesothelioma patients are seeking punitive damages, the legal limit in certain states could be much higher than other awards in monetary terms. An attorney can help victims and their families gather crucial evidence to support their case. This includes documents like utility bills, identification and housing deeds that indicate the location of your home and asbestos-related medical records. This should include the date the time when symptoms first started to appear and the diagnosis of mesothelioma. For claims of wrongful deaths lawyers can provide documents such as proof of asbestos exposure, which states the victim was a resident of the area, and evidence of when the mesothelioma patient passed away with the death certificate. The rights of the victim are forfeited when a mesothelioma lawsuit is not filed on time. A mesothelioma lawyer or asbestos lawyer with experience can assist families and the victims obtain compensation and safeguard their legal rights. Contact an asbestos lawyer today to schedule an appointment for a no-cost consultation. The consultation can be conducted in person or over the phone. Extensions The statute of limitations is a legal rule that determines how long the plaintiff has to make an asbestos lawsuit. The period of time can vary from one to six years depending on the nature and state of the claim. If a victim file a claim for injury after the statute has expired may not be able to receive compensation. Asbestos victims should always consult with a top attorney to ensure they file within the appropriate timeframe. Asbestos claims are typically filed as personal injury or death claims. The statute of limitations on these types of cases is different from other personal injury claims. The statute of limitations for mesothelioma and asbestos-related diseases and other asbestos-related illnesses is longer because it can take victims decades to experience symptoms and obtain an diagnosis. It is not unusual that victims have worked or lived in more than one state during their careers, but not be aware of the statute of limitations that applies to their case. An asbestos lawyer with experience can assist victims in understanding the statute of limitations that applies to their case, and how it may differ in other states where they have worked or lived. In certain circumstances, the statute of limitation is extended or tolled. This is particularly true when it comes to mesothelioma cases and wrongful death cases. Because it takes so long for victims to be diagnosed with asbestos-related diseases, the statute of limitations is usually delayed until the victim is diagnosed. In some instances the court will decide that the statute of limitations should be tolled when it is found that it was not reasonable for the victim to have known that they might be suffering from an asbestos-related disease or injury. Asbestos and mesothelioma victims are also eligible for compensation from trust funds set up by companies who have declared bankruptcy. These funds are set aside for asbestos victims and come with their own statutes of limitations that vary from the ones that apply to traditional lawsuits. You can consult a top asbestos lawyer to determine if you are eligible to make a claim against an asbestos trust.