What is the Statute of Limitations for Asbestos Claims?

Statutes of limitations set timeframes for filing asbestos lawsuits.

The statute of limitations for asbestos claims typically ranges from 1 to 3 years, depending on the state and the type of claim. This timeframe begins when a person is diagnosed or dies due to an asbestos-related disease, so it’s important to contact an experienced attorney as soon as possible.

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Asbestos exposure typically warrants one of two types of lawsuits: personal injury or wrongful death. Individuals diagnosed with mesothelioma file personal injury lawsuits, while the families of a deceased victim file wrongful death lawsuits.

The average statute of limitations for personal injury claims is 1-3 years from diagnosis, and for wrongful death claims, it's 1-3 years from the date of death.

The statute of limitations also applies to claims against asbestos trusts, which are funds set up by bankrupt asbestos companies to compensate victims through settlements. The legal process can take time, so it's essential to contact a mesothelioma lawyer as soon as possible after diagnosis.

An experienced asbestos attorney will work with you to determine the filing deadlines for your potential case.

Statute of Limitations on Asbestos Claims by State

The statute of limitations for asbestos claims varies by state. An experienced asbestos attorney can help you determine in which state you should file your claim, even if it isn’t the state where you live.

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

Frequently Asked Questions

What is the average statute of limitations on asbestos claims?

Jurisdictions set varying timeframes, typically ranging from 1 to 3 years, for filing asbestos claims. Consult with an experienced asbestos attorney to determine the specific statute of limitations as it pertains to your case.

Does the statute of limitations apply to asbestos trusts?

Yes, the statute of limitations also applies to asbestos trust claims. To ensure eligibility for compensation, it is important to file a claim with an asbestos trust within the designated timeframe. Work with an experienced asbestos attorney who can guide you through the process and help meet the necessary deadlines.

How long can you file a claim for asbestos after death?

In most states, you must file a wrongful death claim within 2-3 years. In California, Kentucky, Louisiana and Tennessee, the statute of limitations for a wrongful death is 1 year.