Statutes of Limitations for NC Asbestos Legal Compensation Claims: Personal Injury Lawsuit — 3 Years from Diagnosis; Wrongful Death Lawsuit — 2 Years from Death
So-called “statutes of limitations” establish the filing deadlines for mesothelioma and asbestos lawsuits, and these time periods 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.
In North Carolina, a personal injury asbestos lawsuit must be filed within three (3) years from the date of diagnosis and a wrongful death claim must be filed within two (2) years from the date of death.
Generally, 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.
It is important to understand that you must file an asbestos claim before the filing deadline for the NC personal injury or NC wrongful death lawsuit. Otherwise your claim could be “time-barred” — which means, as far as the court system is concerned, you no longer have a valid or viable asbestos claim after the statutory filing deadline has passed, i.e., as if your legal rights “evaporated” or expired.
Because of these North Carolina statutes of limitations filing deadlines, one should not delay in finding an attorney who is experienced in handling asbestos and mesothelioma legal cases — and successful in negotiating asbestos settlements as well as getting good jury verdicts at trial.
For that purpose, we encourage you to submit a Case Evaluation form or call us at (800) 426-9535 to discuss your possible 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 filing deadline for your North Carolina asbestos claim has already passed, we encourage you to submit a Case Evaluation form or call us at (800) 426-9535.
Give us an opportunity to determine whether we can get legal compensation for you by filing a North Carolina asbestos-mesothelioma lawsuit.