Statute of Limitations
Depending on the state where the case is held, the statute of limitations for personal injury and wrongful death lawsuits ranges from one to six years.
Asbestos Exposure Statute of Limitations
How much time an individual has to file a civil lawsuit varies from state to state and is also known as a statute of limitations. These time limits, known as statutes of limitations, control the amount of time after an incident a person (or a group and/or their representative) has to take legal action. If the plaintiffs (i.e., the person(s) filing the case) fail to file before the deadline, the case will be thrown out of court.
The timeline to file begins, in most cases, when the injury occurred or when the worker “knew or should have known” the cause of their illness (known as the discovery rule). For people with occupational lung diseases such as mesothelioma or lung cancer, the discovery rule may affect when the limitation period starts in wrongful death cases.
There are exceptions that may allow some people to extend the available time to make a claim. Also, certain people may file their case in a different state than where they currently live, potentially extending or shortening the amount of time they have to file. For example, the statute of limitations for personal injury claims filed in Minnesota and North Dakota is six years, while in states like Louisiana, Kentucky, and Tennessee the deadline is one year. The state in which you file your legal claim is generally determined by:
- States of residency
- Job locations
- Headquarters of at-fault companies
The type of lawsuit being filed also determines which statutes apply. Workers’ compensation, personal injury, certain asbestos trust funds, and wrongful death claims are typically governed by separate time limits in each state. To avoid missing a deadline, it’s important to speak with a knowledgeable attorney as soon as possible about your case. In addition to properly filing your case, a lawyer can also ensure you have the required information to prove your case.
Submit a free case evaluation form to be contacted about filing your case prior to the applicable state deadlines.
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||2 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||2 years||3 to 6 years depending on the case|
|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||6 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||4 years||2 years|
|Vermont||3 years||2 years|
|Virginia||2 years||2 years|
|Washington||3 years||3 years|
|Washington, D.C.||3 years||2 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.
What Happens If I Miss the Deadline to File a Claim?
If a person or their representative fails to file a legal claim before the statute of limitations, the American Bar Association explains that courts will not typically allow the case to move forward. However, there are exceptions that allow certain individuals to file a claim after the deadline has passed. For example, the statute of limitations for minors filing a wrongful death claim on behalf of a parent does not begin until they turn 18 years old.
Typically, the last resort to extend a state’s timeline to file is a process known as tolling the statute of limitations (i.e., delaying the deadline). Tolling a statute is more common than requesting the judge and/or defendant to waive the statute of limitations but is still contingent on relevant state laws. The most common form of tolling happens when minors, filing on behalf of a parent, delay cases until they become an adult. Before granting an extension to the deadline to file, a judge will consider the benefits for the plaintiff against partiality regarding the defendant.
Finding a Lawyer
In general, the statute of limitations for workers’ compensation claims is much shorter than deadlines for personal injury and wrongful death claims. In many places, workers have 30 days to inform their employer of injury-causing incidents (such as a severe case of exposure to carbon monoxide that causes workers to lose consciousness).
Yet, for many workers with years of occupational exposure, it can take decades for their work-related illness to produce symptoms. As such, workers and retirees should seek legal advice as soon as possible after a diagnosis of cancer or another occupational disease to explore your options for compensation.