Asbestos Statute of Limitations and Lung Cancer

A statute of limitations is a legal time limit to start litigation (such as a personal injury claim or lawsuit). If you’re interested in filing a legal claim for an asbestos-related illness like lung cancer, you’ll need to do so within the statute of limitations for your case. Find asbestos statutes of limitations that may apply to you below.

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What Is the Statute of Limitations on Asbestos Claims?

Statutes of limitations determine the amount of time you have to file a lawsuit after an illness, injury, or death.

Asbestos statutes of limitations generally range from one to six years. They vary by state and the type of claim filed.

man sits at a desk filling out documents with a gavel sitting nearbyIf the statute of limitations expires in your case, you won’t be able to file an asbestos lawsuit to pursue compensation.

If you have been diagnosed with an asbestos-related disease such as lung cancer, consult a lawyer as soon as possible to file a claim. Top attorneys understand the statutes of limitations in each state and can help you file a case before time runs out.

See if you can connect with top attorneys now with a free case review.

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Asbestos Statutes of Limitations by State

The asbestos statutes of limitations may be subject to change, and it is important to verify the current time limit with a professional asbestos attorney advising you.

The following is a list of asbestos statute of limitations by state:

  • Alabama: 2 years
  • Alaska: 2 years
  • Arizona: 2 years
  • Arkansas: 3 years
  • California: 2 years
  • Colorado: 2 years
  • Connecticut: 3 years
  • Delaware: 2 years
  • Florida: 4 years
  • Georgia: 2 years
  • Hawaii: 2 years
  • Idaho: 2 years
  • Illinois: 2 years
  • Indiana: 2 years
  • Iowa: 2 years
  • Kansas: 2 years
  • Kentucky: 1 year
  • Louisiana: 1 year
  • Maine: 6 years
  • Maryland: 3 years
  • Massachusetts: 3 years
  • Michigan: 3 years
  • Minnesota: 4 years
  • Mississippi: 3 years
  • Missouri: 5 years
  • Montana: 3 years
  • Nebraska: 4 years
  • Nevada: 2 years
  • New Hampshire: 3 years
  • New Jersey: 2 years
  • New Mexico: 3 years
  • New York: 3 years
  • North Carolina: 3 years
  • North Dakota: 6 years
  • Ohio: 2 years
  • Oklahoma: 2 years
  • Oregon: 2 years
  • Pennsylvania: 3 years
  • Rhode Island: 3 years
  • South Carolina: 3 years
  • South Dakota: 3 years
  • Tennessee: 1 year
  • Texas: 2 years
  • Utah: 4 years
  • Vermont: 3 years
  • Virginia: 2 years
  • Washington: 3 years
  • Washington, DC: 3 years
  • West Virginia: 2 years
  • Wisconsin: 3 years
  • Wyoming: 4 years

Personal Injury vs. Wrongful Death Asbestos Statutes

You can file either a personal injury lawsuit or a wrongful death lawsuit for an asbestos-related disease. The statutes of limitations for these claims are sometimes different.

  • Asbestos statutes of limitations for personal injury cases start from the date someone was diagnosed. This is otherwise known as the discovery rule.
  • The statute of limitations on wrongful death cases starts from the date the victim passed away. This also falls under the discovery rule. Family members, loved ones, or a personal representative responsible for their will can file wrongful death claims.

Top lung cancer attorneys can determine the asbestos statute of limitations for either type of case and help you reach financial settlements.

Factors That Affect Asbestos Statutes of Limitations

Besides state law and the type of claim you file, asbestos statutes of limitations can vary by factors unique to your situation.

These factors include:

  • Age and mental capacity: In some states, the statute of limitations may be extended for minors or individuals who are mentally incapacitated. Though rare, it’s possible for minors to develop asbestos-related diseases.
  • The state: You may qualify to file a claim in different states, including the state where you currently live and the state(s) in which you were exposed to asbestos.
  • Type of claim: As mentioned, asbestos statutes of limitations can vary depending on if you file a personal injury or wrongful death lawsuit.
  • Your diagnosis: Which asbestos-related disease(s) you have can sometimes impact statutes of limitations. It may be possible for the statute of limitations to be extended if you have a very severe illness.

We can help see which factors may impact the asbestos statute of limitations in your case. Call (877) 446-5767 now to get started.

Asbestos Statutes of Limitations & Type of Disease

an older man speaks to a younger male lawyerAsbestos exposure can cause serious illnesses like mesothelioma, lung cancer, asbestosis, and more.

Generally speaking, all asbestos-related diseases are affected by the same general statutes. However, mesothelioma statutes of limitations may be different.

Some things to remember:

  1. Those with severe asbestos-related diseases other than mesothelioma (like lung cancer) typically will have an average of 3 years to file claims.
  2. Mesothelioma patients may sometimes have more time to file an asbestos lawsuit, depending on factors such as where they were exposed. However, it’s in a patient’s best interest to file a mesothelioma lawsuit as soon as possible to avoid missing out.
  3. Finally, you can’t file a claim if you were exposed to asbestos but aren’t sick.

Act quickly and contact an asbestos or mesothelioma lawyer to discuss your legal options and ensure that you file your claim within the required time frame.

Options If the Asbestos Statute of Limitations Expires

If the statute of limitations for an asbestos claim has expired, don’t give up hope. There still may be legal options available.

For example, many manufacturers of asbestos-containing products have established trust funds. Companies that have asbestos trusts cannot be sued, but you can file a trust fund claim to get compensation.

Asbestos trust funds set their own statutes of limitations, so there may still be time to file a claim and secure compensation for lung cancer and other asbestos-related diseases.

There may also be options even if you think the asbestos statute of limitations period has expired in your case. For more information, speak with a skilled lung cancer lawyer. Get started with a free case review.

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Legal Help for Asbestos Statutes of Limitations

If you or a loved one has been diagnosed with lung cancer or another disease linked to asbestos, act quickly and file a claim before it’s too late.

Remember, by filing a claim within the asbestos statute of limitations, you have a better chance of receiving financial compensation.

Asbestos compensation can cover:

  • Lost wages
  • Medical expenses
  • Pain and suffering
  • Other bills

Don’t hesitate: Seek help from top asbestos lawyers who can guide you through the asbestos litigation process and ensure that your claim is filed in time. Get a free case evaluation now to start the process.

Asbestos Lung Cancer Statute of Limitations FAQs

Is there a time limit on asbestos claims?

Yes, there is a time limit to file asbestos, lung cancer, and mesothelioma claims, which is commonly referred to as the statute of limitations.

This time limit is the specific period of time during which you can file a claim. If the statute of limitations passes in your case, you may lose your legal right to pursue compensation.

Generally speaking, you’ll have three years or less from the date of diagnosis to file an asbestos lung cancer claim. This deadline applies to most other asbestos-related diseases as well.

To get a better idea about the statutes of limitations that may affect your asbestos case, call (877) 446-5767 now.

You may still have options to get financial aid if the asbestos statute of limitations has passed in your case. For example, it may be possible to file an asbestos trust fund claim since trusts set their own statutes.

An asbestos or mesothelioma attorney can advise you on your options if the statute of limitations has run out.

Lung Cancer Group was established by a team of caring advocates so those with lung cancer and other asbestos-related diseases can get the help they deserve. Our site provides the most accurate and up-to-date information about lung cancer, its link to asbestos, and financial compensation available to patients. Contact us to learn more and get assistance.

  1. Agency for Toxic Substances and Disease Registry (ATSDR). “Who Is at Risk of Exposure to Asbestos?” Centers for Disease Control and Prevention. Retrieved from: Accessed on March 30, 2023.

  2. Cornell Law School. “Statute of Limitations.” Legal Information Institute. Retrieved from: Accessed on March 30, 2023.

  3. Hellmann, Jessie. “Despite new regulations, US faces major asbestos problem.” The Hill. Retrieved from: Accessed on March 30, 2023.

  4. McNeill, Lisa M., and Evert Carlsson. “The Economic Impact of Asbestos Litigation.” Bates White Economic Consulting. Retrieved from: Accessed on March 30, 2023.

  5. Sokolove Law. “Asbestos Lung Cancer Lawsuit.” Retrieved from: Accessed on March 30, 2023.

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