Lung Mesothelioma

Statute of Limitations in Mesothelioma


Statute of Limitations in Mesothelioma

Mesothelioma, a form of cancer occurring due to prolonged exposure to asbestos is a serious occupational threat. Victims of this disease are entitled to file a lawsuit against the employer on grounds of negligence and claim for a compensation to incur the emotional and financial losses he has to undergo as a result of contracting this disease and there have a large number of cases where the employee won against the company and received a hefty compensation amount.

However in the process of filing the lawsuit and claiming for the settlement, one has to follow certain Statutes of Limitations (SoL). It is the maximum time period within which a person can file a lawsuit before the court of law. This is because if it is filed after say after a long time, the testimonies from the claimant’s end tend to become unreliable. After the deadline for filing the suit is crossed, the case doesn’t have any significance before the court. The actual idea behind SoL is to safeguard the interest of the defendant and protect him from fraudulent claims. There are statutes of limitations for most lawsuits and in the case of mesothelioma, this time, period is different from other civil suits.

Factors affecting SoL

The time period of SoL in the case of mesothelioma varies from one state to the other and also from other personal injury claims. Other factors include the nature of the offense and other particulars about the case.

In the case of general personal injury, the SoL for settlement starts from the day the injury has occurred. But this is not the case for mesothelioma settlement case. In this case, it begins only when a person is diagnosed with the disease. But there used to be certain hitches regarding this as a mesothelioma may not occur immediately. it may take some times for the symptoms to appear. Therefore, the rule is that the claimant can file a lawsuit between one and three years.

The SoL is different for every state. In Virginia, California, Colorado, and Virginia, the SoL is two years in Florida and Arkansas and three years and Louisiana. In the case of wrongful death, the time period for the SoL gets extended.

Getting in touch with the right lawyer

In case you believe that your right to file a suit is getting impacted by your state’s SoL, it would be wise to get in touch with a local attorney who has substantial experience in handling mesothelioma lawsuits. He will guide you in every step on the SoL and other details of the case.

Under exceptional circumstances, which may include a grave injustice, a legal delay or any other such situations, the court may extend the SoL. But these are extremely rare cases and one should have the knowledge of their state SoL in the case of mesothelioma.

Posted by on . Filed under Asbestos Mesothelioma. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

Leave a Reply

Image and video hosting by TinyPic Image and video hosting by TinyPic

Featured Links

    Search Archive

    Search by Date
    Search by Category
    Search with Google

    Photo Gallery

    Log in | Designed by RackTheme