About 255,000 people die annually as a result of asbestos-related complications. Asbestos-related diseases occur as a result of occupational exposure, hence the legal option of holding companies liable for the consequences of that exposure. Filing a court case for asbestos-related diseases, such as lung cancer and mesothelioma, is subject to a statute of limitations.
Types of Asbestos Lawsuits Affected by the Statute of Limitations
The statute of limitations applies to two major types of asbestos lawsuits: wrongful death cases and personal injury lawsuits. In personal injury lawsuits, living victims are governed by the date when they were diagnosed with the asbestos-related illness.
Wrongful death cases are usually filed by family members to seek compensation for the death of their loved one from an asbestos-related illness. The statute of limitations on wrongful death cases is governed by the date of death.
The statute of limitations for asbestos-related cases varies by state, but the average time is three years.
Statute of Limitations for Asbestos Lawsuits by State
The statute of limitations for asbestos lawsuits varies by state, and they usually range from one to six years from the date of diagnosis. For example:
- You have one year from the time of diagnosis to file an asbestos lawsuit if you live in Louisiana.
- In California, the statute of limitations for filing an asbestos lawsuit is one year from the date you discovered the asbestos-related illness.
- Patients with asbestos-related illnesses have two years to file for compensation within two years if they live in Texas.
Why Timing Is Crucial
Timing is crucial in getting compensated for personal injury or wrongful death as a result of getting exposed to asbestos. Failure to file a lawsuit on time means that you might miss out on the opportunity to hold the party or company responsible for your condition accountable. That also means you will not get the much-needed compensation for the medical expenses accruing from the treatment of your illness, as well as for your pain and suffering and lost wages.
Act Quickly to Protect Your Rights
Suffering from an asbestos-related illness warrants compensation as long as you file your wrongful death or personal injury case on time. At Pourciau Law Firm, serving New Orleans and Baton Rouge, we understand the critical role of time and will guide you every step of the way. Contact us today for a consultation.