If you’ve been exposed to asbestos, whether while on the job or secondhand, you may be entitled to compensation. Companies that knowingly used asbestos-containing products or failed to protect their employees can be held accountable. However, there’s a legal deadline to be aware of when filing a lawsuit, known as the statute of limitations. Failing to file your claim within this timeframe can significantly impact your ability to seek compensation.

Asbestos Lawsuits Affected by Statutes of Limitations

Two types of asbestos lawsuits are affected by statutes of limitations. Personal injury lawsuits are filed by living victims who have been diagnosed with an asbestos-related illness. In contrast, wrongful death lawsuits are initiated by family members after the death of a loved one due to such an illness. The timeframe for these lawsuits varies by state.

Since asbestos-related diseases like mesothelioma can take decades to manifest, this presents a unique challenge in the legal pursuit of compensation. Most states address this issue by applying the discovery rule. Under this two-pronged rule, the statute of limitations for asbestos personal injury lawsuits doesn’t begin until (1) the plaintiff is formally diagnosed with an asbestos disease and (2) the plaintiff knows that the injury is asbestos-caused.

Here are a few notes on the discovery rule.

  • In cancer cases, this diagnosis date is often relatively cut and dry, with a biopsy performed revealing the mesothelioma or asbestos lung cancer diagnosis. In asbestosis cases, however, the time of formal diagnosis can prove somewhat murky. Asbestosis is often missed entirely or misdiagnosed as another condition; several pulmonary injuries can produce similar symptoms to those caused by asbestosis. The diagnosis of non-cancerous pulmonary diseases is often as much an art as it is a science.
  • Regarding discovery of the cause of injury prong, courts often rule that plaintiffs should know asbestos is the culprit at the time of diagnosis. Mesothelioma is strongly associated with asbestos exposure in medical practice, and the term asbestosis directly refers to the lung fibrosis caused by asbestos. It is often an uphill battle for asbestos injury plaintiffs to prove that they were unaware of the cause of their injury at the time of diagnosis.

An interesting issue can arise in asbestos cases when a living plaintiff is diagnosed with an asbestos disease, does not file a lawsuit for many years (i.e., blows the statute of limitations), and then later succumbs to the asbestos disease. States treat this issue differently. For example, in Missouri, even if a patient with an asbestos-related injury misses the statute of limitations, their family can still pursue a wrongful death lawsuit. In these cases, the statute begins anew from the date of death. Illinois law will not allow this, however – if a living plaintiff fails to file a timely injury suit, a wrongful death suit for the same asbestos injury will be precluded.

The Statute of Limitations by State

The statute of limitations for filing asbestos lawsuits differs by state. Here are some examples.

  • Arkansas – Personal Injury: 3 years. Wrongful Death: 3 years.
  • Illinois – Personal Injury: 2 years. Wrongful Death: 2 years.
  • Kansas – Personal Injury: 2 years. Wrongful Death: 2 years.
  • Kentucky – Personal Injury: 1 year. Wrongful Death: 1 year.
  • Missouri – Personal Injury: 5 years. Wrongful Death: 3 years.
  • Nebraska – Personal Injury: 4 years. Wrongful Death: 2 years.
  • Tennessee – Personal Injury: 1 year. Wrongful Death: 1 year.

Given the short amount of time available, it’s essential to consult with an experienced asbestos attorney who can help you navigate the specific deadlines in your state.

The Importance of Consulting an Asbestos Lawyer

Navigating asbestos litigation can be complex, making it important to seek guidance from an experienced asbestos lawyer. A lawyer specializing in asbestos cases can evaluate your case, help you understand your legal options, and ensure you don’t miss any deadlines. These professionals are also skilled at identifying the responsible companies and negotiating for maximum compensation on your behalf.

Take Action With the O’Brien Law Firm

If you or a loved one has been affected by asbestos exposure, don’t delay in seeking the compensation you may be entitled to. The O’Brien Law Firm, founded in St. Louis, Missouri, has a wealth of experience handling asbestos-related cases nationwide. With a deep understanding of the legal landscape and a commitment to fighting for victims’ rights, the O’Brien Law Firm is ready to assist you every step of the way.

Schedule your FREE consultation today by filling out our online contact form or calling (314) 588-0558!