Statute of Limitations
If you or someone you love has been diagnosed with mesothelioma, asbestosis, or another asbestos-related disease, understanding your state's statute of limitations is important. Each state sets strict deadlines, called statutes of limitations, that determine when you must file a claim. Missing these deadlines could mean losing your right to the financial support you and your family deserve. This page breaks down every state's filing requirements, explains how these deadlines work, and shows you what to do next, even if you think you've run out of time.
Asbestos Exposure Statute of Limitations
Each state’s statute of limitations deadline is different, and those diagnosed with mesothelioma, asbestosis, or another asbestos-related disease must know how long they have to file a claim. These deadlines determine how long you and your family have to seek justice, and missing them means you lose your right to compensation. No family should have to face the reality of missing their state’s deadline, especially after years of not knowing what caused their loved one’s illness.
The time an individual has to file a civil lawsuit varies from state to state and is known as the statute of limitations. These time limits determine the amount of time after an incident a person (or a group and/or their representative) has to take legal action. If the individuals filing the case fail to file before the deadline, the case will not be valid in court.
Most states’ statutes of limitations start from the date of diagnosis, not the original exposure date, because asbestos illnesses can take decades to appear. You may have a different filing deadline depending on where you live, where you worked, or the location of the asbestos company. Some states allow victims and their families years after diagnosis to file, while other states only allow one.
An experienced asbestos attorney can help review your work history, exposure timeline, and diagnosis to determine your deadline to help you file your claim before it’s too late. If you aren’t sure where or how to begin, our patient advocates can help. Submit a free case evaluation form to be contacted by one of our advocates to help you file before your state’s deadline.
Mesothelioma and Asbestos Exposure Statute of Limitations for Each State
Understanding each state’s mesothelioma statute of limitations determines how long you and your family have to file a lawsuit. For personal injury claims, which are filed by those currently living with mesothelioma or pursuing a claim for asbestosis, the deadline usually begins at the time of diagnosis. For wrongful death claims, which surviving family members file, the timeline usually starts at the time of a loved one’s passing. Filing claims after a loved one’s death from asbestos exposure follows different rules than personal injury claims, so the deadlines and compensation amounts can vary.
Every state has its own deadlines for personal injury claims and wrongful death claims, and the timeline you must follow depends on the state where you lived, worked, or where you’re filing your claim. If you worked in multiple states during your career, more than one state’s deadline may apply to your case. These variations matter and should be considered early after diagnosis. For example, Kentucky and Louisiana allow victims only 1 year to file a claim, whereas Minnesota and North Dakota allow up to 6 years. Understanding these drastic timeline variations can significantly impact a victim’s ability to move forward with a case and pursue compensation.
Statute of Limitations for Each State
| State | Personal Injury Time Limit | Wrongful Death Time Limit |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 2 years | 2 years |
| Colorado | 2 years | 2 years |
| Connecticut | 3 years | 2 years |
| Delaware | 2 years | 2 years |
| Florida | 4 years | 2 years |
| Georgia | 2 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 1 year | 1 year |
| Maine | 6 years | 2 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 6 years | 3 years |
| Mississippi | 3 years | 3 years |
| Missouri | 5 years | 3 years |
| Montana | 3 years | 3 years |
| Nebraska | 4 years | 2 years |
| Nevada | 2 years | 2 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | 3 years | 2 years |
| North Carolina | 3 years | 2 years |
| North Dakota | 3 years | 2 years |
| Ohio | 2 years | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 3 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 3 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 3 years | 3 years |
| Tennessee | 1 year | 1 year |
| Texas | 2 years | 2 years |
| Utah | 3 years | 2 years |
| Vermont | 3 years | 2 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years | 3 years |
| Washington, D.C. | 3 years | 1 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 4 years | 2 years |
Because states often revise their laws each year, speaking with an honest and reputable attorney is the best way to understand your state’s laws as well as the applicable statutes for your case.
See how your state’s statute of limitations affects your asbestos exposure case.
In Which State Should I File My Mesothelioma Lawsuit?
Many people were exposed to asbestos in more than one place, so choosing the right state to file a mesothelioma claim can feel overwhelming. Jurisdiction usually depends on a few main factors, including where asbestos exposure occurred, the location of the asbestos company’s business, and where you live. Understanding jurisdiction and statute-of-limitations rules can be complex, which is why legal guidance is essential. In many cases, more than one state may be an option.
A mesothelioma attorney can help you determine which state offers the strongest case for your claim. Obtaining guidance from an attorney with experience in asbestos-related cases can significantly improve your case’s outcome and potential compensation amounts. Not sure which state applies to your case? An attorney can review your work history and exposure timeline to determine the strongest jurisdiction. Get a free case evaluation.
What if I Missed the Statute of Limitations Deadline?
If you or your representative fails to file a legal claim before the statute of limitations expires, the American Bar Association explains that courts will typically not allow the case to proceed. However, some exceptions allow certain individuals to file a claim after the deadline has passed.
One example of this is when children file wrongful death claims on behalf of their parents. Children must be 18 to file a claim, so the statute of limitations does not begin until they turn 18. In some situations, the filing window may extend through a legal process known as tolling. Tolling temporarily pauses or delays the statute of limitations, depending on a state’s law.
In asbestos cases, many states follow a ‘discovery rule.’ This means the statute of limitations clock doesn’t start until you knew or should have known about your diagnosis and its connection to asbestos exposure. Since symptoms can take 20 to 50 years to appear, this rule protects victims who couldn’t have known they were harmed.
Even if you are no longer able to file a lawsuit, victims can qualify for other forms of compensation. Asbestos trust funds allow claims even when civil filing deadlines have passed. Veterans exposed to asbestos during military service may also be eligible for VA benefits even if they missed the statute of limitations deadline.
If you believe you missed your deadline, do not give up on obtaining compensation. Every situation is different, and exceptions are more common than you may think.
The fastest way to understand your options is to speak with a legal professional with years of experience in asbestos-related cases. If you’re feeling unsure about what to do next, our patient advocates are here to help. Complete a free case evaluation today, and we’ll connect you with an experienced asbestos attorney who will listen, answer your questions, and help you find the best path forward for you and your family.
