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What Is the Statute of Limitations on Asbestos Claims? Statutes of limitations are laws that set maximum time limits for filing legal claims. However, the laws differ depending on the type of asbestos claim and state. The statute of limitations can be a challenge for victims because it takes many years for mesothelioma as well as other asbestos-related illnesses to develop. The statute of limitations is determined by the area in which a victim lives, the date they were exposed to asbestos, and the companies that are responsible. Date of diagnosis or death In contrast to other personal injury cases in which the event that led to the illness is clear and evident, asbestos-related diseases such as mesothelioma or asbestosis can take years to develop and get an diagnosis. In many states, the time limit for filing a claim begins when the victim is diagnosed with the disease or in the case of wrongful death, when the victim dies. The length of this period makes determining the right time to file a claim a challenge. Because of this, victims should be aware of how the statute of limitations may apply to their case. They should seek out experienced lawyers specializing in mesothelioma to ensure that the statute of limitation isn't about to expire and they are able to pursue legal action in pursuit of compensation. The discovery rule is an important element of mesothelioma lawsuits. The clock for the statute of limitations is not set until the person discovers, or should have realized, that they have an asbestos-related illness. This is most likely to happen when a person is diagnosed with mesothelioma or a different asbestos-related disease. In wrongful death cases that involve asbestos, the statute starts to run on the date of the deceased person's death. Other factors can affect a person's statute of limitations. This includes the state in which 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 from employment documents as well as medical records and other sources. In certain circumstances, the statute of limitation can be tolled or paused. The most frequent scenario is minors or those who is not mentally competent to file a lawsuit. It is usually a family member filing an action for wrongful death on behalf of a loved one who has passed away due to asbestos-related diseases. The time-limit for asbestos claims can be complicated. It is vital for victims to find a mesothelioma attorney immediately so that 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. If the time limit is set to expire, the lawyer can request an extension. Date of Exposure A statute of limitation imposes the deadline for victims to file a lawsuit or claim compensation. This deadline varies by state and the type of claim. In the majority of personal injury claims the clock starts to tick as soon as the plaintiff is injured. However, asbestos cases have a unique set of circumstances. The time of latency for asbestosis, mesothelioma and other asbestos-related illnesses can vary between 10 and 50 years following initial exposure. This delay in symptoms makes the determination of when the statute of limitations begins to run. The answer is contingent on a variety of factors, including how much the victim would reasonably expect to know about their injury and the time they were exposed. The date of diagnosis or death is also important as victims may have received multiple diagnoses over their entire life. The type of claim is another aspect, with wrongful deaths cases having different timelines than personal injury cases. When it comes to wrongful death cases, victims' families should work with an experienced lawyer as soon as is possible. They will look over medical documents to determine when the statute of limitation begins. An attorney will not only determine the time of commencement, but also take into consideration any other circumstances that could alter the statute of limitations. Statutes of limitations are designed to promote timely proceedings and prevent a victim's claim from becoming old-fashioned or stale. In contrast to other types of lawsuits mesothelioma and asbestos claims are especially complex due to the latency period that is associated with these injuries. Considering the complexities involved, it is imperative that asbestos victims and their families seek out an experienced mesothelioma lawyer in order to ensure that they can file a lawsuit within the applicable time frame. If the statute of limitations has expired, it is possible to receive compensation via one of the asbestos trust funds. Arlington Heights asbestos lawyers were established by asbestos companies that were declared insolvent and found to be accountable for the deaths and injuries of victims. Each asbestos trust has their own deadline for filing claims. Location of Filing In certain instances, it may be difficult to determine the exact date a person was diagnosed with asbestos-related illness. The clock for the statute of limitations does not start when someone is diagnosed or dies. Mesothelioma and other asbestos-related ailments are usually progressive. This means that symptoms can manifest over time, long before an asbestos-related illness is recognized. It is essential to submit a claim to the correct state when a diagnosis of mesothelioma is made. An attorney for mesothelioma can help the victims and their families choose which state to file depending on a variety of factors that include the place they reside or work, as well as places they have visited. The state where asbestos claims were filed will also determine the applicable statute of limitations. This is especially true if the claimant is filing an injury-related or wrongful death lawsuit. In certain states, punitive damages may be given to mesothelioma sufferers who are seeking them. An attorney can assist victims and their families in gathering important documentation that can support their case. This includes documents like utility bills, identification and the housing deeds which show where you reside, as well asbestos-related medical documents. These records should show when the symptoms first appeared and the diagnosis of mesothelioma. For wrongful death claims lawyers can provide documentation such as proof of asbestos exposure, which states the victim was a resident of, and other documents that show the date of death of the mesothelioma sufferer, including the death certificate. If a mesothelioma case is not filed within the prescribed time of limitations and the victim's legal rights will be forfeited. A knowledgeable mesothelioma or asbestos lawyer can assist victims and their families defend their rights under the law and receive compensation. To set up a free consultation to discuss asbestos law, contact an asbestos lawyer today. You can make this appointment in person or via the telephone. Extensions The statute of limitations is a legal rule that defines the time a plaintiff has to file an asbestos lawsuit. The time frame can range from one to six years depending on the type and the state of the claim. A victim who files an injury claim after the statute has expired may not be able to recover compensation. Asbestos victims must always consult a top lawyer to ensure that they file within the required timeframe. Asbestos claims are typically filed as personal injury or death claims. The statute of limitations for these kinds of cases is different than that for other personal injury claims. The time limit for mesothelioma and asbestos-related diseases and other asbestos-related diseases is longer as it could take victims decades to develop symptoms and get the diagnosis. It is not unusual for asbestos victims to have lived or worked in more than one state in their careers, but not be aware of the statute of limitations that applies to their case. An asbestos lawyer who is experienced can assist victims in understanding the statute of limitations that applies to their case, and the way it differs in other states where they worked or resided. In some cases the statute of limitations is extended or tolled. This is especially true when it comes to mesothelioma and wrongful death cases. Because it can take so long for victims to be diagnosed with asbestos-related illnesses, the statute of limitations is usually paused until a victim is diagnosed. In some instances a court can decide that the statute of limitations should be tolled in the event that victims were not reasonably aware that they were suffering from asbestos-related illnesses or injuries. In addition to extensions, mesothelioma and asbestos victims may qualify for trust fund compensation from companies which have declared bankruptcy. These funds are designated for asbestos sufferers, and their statutes of limitations differ from those applicable to traditional lawsuits. An asbestos lawyer with experience can help you determine whether you are eligible to file a claim through an asbestos trust.