What is the statute of limitations for mesothelioma lawsuits?

The statute of limitations for mesothelioma varies by state, ranging from 1 to 6 years from the date of diagnosis. Most states allow 2-3 years. California, Kentucky, Louisiana, and Tennessee have the shortest deadlines at 1 year. Maine and North Dakota have the longest at 6 years.

When does the statute of limitations start for mesothelioma?

For mesothelioma cases, the statute of limitations typically begins when you receive your diagnosis (the 'discovery rule'), not when exposure occurred. This is important because mesothelioma has a latency period of 20-50 years between exposure and diagnosis.

What happens if I miss the statute of limitations deadline?

If you miss the statute of limitations deadline, your case will likely be dismissed and you will lose your right to file a lawsuit against the responsible parties. This is why it's critical to consult with a mesothelioma lawyer as soon as possible after diagnosis.

Can the statute of limitations be extended for mesothelioma cases?

In some cases, yes. Exceptions may apply for minors, mentally incapacitated individuals, or when defendants fraudulently concealed the danger of asbestos. Some states also have different rules for wrongful death claims. An experienced mesothelioma attorney can evaluate if any exceptions apply to your case.

Mesothelioma Statute of Limitations

Every state has a deadline for filing mesothelioma lawsuits. Missing this deadline can permanently bar your claim. Find your state's filing deadline below.

Time-Sensitive Deadlines

Mesothelioma statutes of limitations range from 1 to 6 years depending on your state. Contact a lawyer immediately after diagnosis to protect your rights.

Understanding Filing Deadlines

The statute of limitations is the legal deadline for filing a lawsuit. For mesothelioma cases, this clock typically starts when you receive your diagnosis—not when asbestos exposure occurred.

4 States with 1-Year Deadline California, Kentucky, Louisiana, Tennessee

20 States with 2-Year Deadline Most common timeframe

20 States with 3-Year Deadline Second most common

7 States with 4+ Years Longest deadlines

Statute of Limitations by State

Find your state's mesothelioma filing deadline in the table below. These deadlines apply to personal injury claims filed by the diagnosed patient.

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
Washington, D.C.	3 Years from Diagnosis	1 Year 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

The Discovery Rule

Most states apply the "discovery rule" to mesothelioma cases. This means the statute of limitations begins when:

You receive your mesothelioma diagnosis, OR
You reasonably should have known about your diagnosis

This is critical because mesothelioma has a latency period of 20-50 years. Without the discovery rule, most patients would have no legal recourse since the deadline would have passed before symptoms even appeared.

Example: How the Discovery Rule Works

A worker was exposed to asbestos in 1985 but wasn't diagnosed with mesothelioma until 2025. In a state with a 2-year statute of limitations, the deadline runs from the 2025 diagnosis date—giving them until 2027 to file, not 1987.

Wrongful Death Deadlines

If a mesothelioma patient passes away, their family may file a wrongful death lawsuit. These claims have their own statute of limitations, which typically begins from the date of death.

Wrongful Death vs. Personal Injury

Wrongful death deadlines are often shorter than personal injury deadlines. For example, in Florida the personal injury deadline is 4 years but wrongful death is only 2 years. Family members should consult an attorney promptly.

Exceptions & Extensions

Some circumstances may extend or "toll" the statute of limitations:

Minors

If the patient is a minor, the clock may not start until they reach 18.

Mental Incapacity

If the patient is mentally incapacitated, the deadline may be paused.

Defendant Absence

If a defendant leaves the state, the clock may pause until they return.

Fraudulent Concealment

If companies hid the dangers of asbestos, additional time may be allowed.

Important: These exceptions are complex and vary by state. Never assume an exception applies without consulting a mesothelioma attorney.

Why You Should Act Quickly

Even if your state has a longer deadline, there are important reasons to file sooner:

Evidence preservation — Witnesses' memories fade and documents are lost over time
Health considerations — Starting the process while you're able to participate strengthens your case
Expedited processing — Courts often prioritize mesothelioma cases, but early filing helps
Trust fund claims — Some asbestos trust funds have their own deadlines
Peace of mind — Starting the process provides closure and financial security for your family

Don't Wait Until It's Too Late

Most mesothelioma lawyers offer free consultations and work on contingency—meaning no upfront costs.

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Legal Disclaimer

This information is for educational purposes only and should not be considered legal advice. Every case is different. Consult with a qualified attorney to understand your specific legal options.

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