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Asbestos claims are usually filed as a personal injury or wrongful death lawsuit in state or federal court. In federal court, most cases end up in the MDL In re Asbestos Products Liability Litigation (No. VI). No. MDL-875 (E.D. Pa.). For cases in state courts, each state has statutes of limitations which establish filing deadlines for an asbestos lawsuit which vary from state to state. Furthermore, within each state there may be a different statutes of limitations for a personal injury lawsuit and a wrongful death lawsuit. Usually a personal injury lawsuit filing deadline for an asbestos claim is measured from the date when a person was first told by a medical doctor that he or she has mesothelioma, an asbestos cancer like lung cancer, or asbestosis. Put otherwise, the date of diagnosis starts the running of this statute of limitations time period and an asbestos lawsuit must be filed before the end of that period. For a wrongful death asbestos claim, the statute of limitations usually starts at the date of death.
You must file an asbestos claim before the filing deadline or your claim could be time-barred; as far as the court system is concerned, you no longer have a valid asbestos claim after the statutory filing deadline has passed.
Because of varying state statutes of limitations deadlines, you should not delay in finding an asbestos attorney who is experienced in handling asbestos cases and successful in negotiating asbestos settlements. We encourage you to submit a case evaluation or call us at 800-426-9535 to discuss your asbestos claim.
There are some limited exceptions to the statutes of limitations deadlines
such that we may be still be able to file an asbestos lawsuit which might appear to
be time-barred. So even if you think that the deadline for your asbestos
claim has already passed, we encourage you to submit a case evaluation or
call us at (800) 426-9535. We can help you determine whether there might be
a way we can get legal compensation for you.
Read more on our Legal Claims Information Page >>
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