If you find yourself seeking for legal action to take place after a cherished one gets diagnosed with mesothelioma or passes away from the illness, the first step that you must do is to speak to a mesothelioma lawyer immediately before your time to file a claim runs out. If it does run out, you may never get the chance to explore your legal options well.
What Is A Statute Of Limitation?
Statute of limitation refers to the law passed by the legislative body which sets an allotted maximum time to which legal actions can be initiated.
The mesothelioma claims’ statute of limitations depends on the claim type filed, whether it is a wrongful death or personal injury claim and the location of the filed claim.
Most states give a two or three-year statute of limitation, though there are also a lot of states may be longer. There may also be states that specifically allow a year in filing a claim. Therefore, it is essential for victims or their family members to speak to a mesothelioma lawyer immediately.
Personal injury vs. wrongful death statute of limitation
Personal injury claims are applied to patients with mesothelioma and other related asbestos victims who file a claim on the victims’ behalf. Many victims aren’t diagnosed early.
Some aren’t until almost ten years after their exposure to the asbestos. Hence, this lawsuit’s statute of limitations will not begin until an adequate diagnosis is given upon the patient.
A mesothelioma case takes a lot of time to build with utter precision particularly if there isn’t enough knowledge or evidence that can tell how and where exactly the asbestos exposure took place.
There is a separate statute of limitations on filing a claim to wrongful death. This one is applied to any surviving family member of the victim who tragically died from this type of cancer.
If the victim dies with no claim to be paid, then that is the time when the family must file a claim on wrongful death. The timeline starts after the victim passes away.
Most states allow 2 years after the victim passed away while some states allow 3 years to file a claim. This case may require a lot of time to collect evidence since the family members lack knowledge about where exactly the victim was highly exposed.
In wrongful death claims the family is given a chance to receive compensation from the company or factory where their loved one has been exposed to fill up for their financial loss.
Can the statute of limitations be extended?
Usually, in if the statute of limitation finally runs out, the plaintiff cannot file a physical injury lawsuit against the defendant so that the prosecutors can assure that the person or company held liable is correct, and there are no wrongful accusations between the two parties.
The statute of limitation places a firm deadline on which a lawsuit can be filed in the civil court after you have experienced pain and harm. Various states have different laws, and each case is unique and can have completely different deadlines.
Most physical injury cases typically have 2 to 6 years of deadline after an injury has been obtained. Having a case like a mesothelioma though applies to some of the instances where the clock may be tolled or stopped.
The “discovery of harm rule” is applied to this type of case. The discovery of harm rule allows a person to file within a certain amount of time after discovering that he/she has been harmed.
Since victims of asbestos typically do not find out that they have been harmed until they are diagnosed with mesothelioma or other asbestos-caused illness. The type of extension given to a case like this is also given to most chemical or toxin exposure-related cases as well.
Filing a claim
It is essential that a family or the victim of mesothelioma to file a claim immediately once they have been diagnosed or if the victim has died since the statute of limitations for this case is fairly short in most states.
Filing a case immediately can ensure that the victim and their family will receive the financial aid they need to cover up for their loss.
Even if you think that your deadline to file a claim is expired, it is still important to consult to a mesothelioma lawyer from a reputable law firm since some lawyers can still work up something and may able to still file a claim in some states with a longer statute of limitation.