Mesothelioma Lawyer Reviews Rancho Cordova

Commonly Asked Questions People Have About A Mesothelioma Claim

How Long Can A Mesothelioma Claim Take To Finalise?

This is one of the most frequently asked questions because people would like to have their mesothelioma claims Rancho Cordova settled as quickly as possible. The reality is that the timeframe for this kind of case will vary from one state to another. Although every state has its own time limit, it’s usually between one and four years from the original diagnosis.

Since exposure to asbestos and the appearance of mesothelioma symptoms can take between 15 and 50 years, the law bases the timeframe on the initial diagnosis to file a claim.

What Are Each State’s Mesothelioma Lawsuits’ Statute Of Limitations?

When you’re diagnosed with mesothelioma, it means you came into contact with asbestos at one time or more in your life. Worst of all, the exposure is likely to have happened years and years earlier. For this reason, people often assume that they cannot file a mesothelioma lawsuit due to a statute of limitations.

However, the great thing about mesothelioma cases is that the statute of limitations because from the time you are diagnosed, not when the exposure took place.  This is why it’s imperative to seek out legal advice the moment you are diagnosed with mesothelioma cancer. Expert Mesothelioma attorneys Rancho Cordova can talk to you about what options you have and ensure you don’t miss any statute of limitations’ deadlines.

Personal Injury and Wrongful Death Statute Of Limitations

There are two types of statute of limitations that you could file – personal injury and wrongful death.  Each state offers a personal injury statute of limitations. With a personal injury statute of limitations, it is applicable to people who are diagnosed with the disease, and a mesothelioma claim must be filed during that timeframe.

A lack of action on your part means you don’t get any kind of compensation such as lost wages, medical expenses, and pain and suffering.

Another consideration looked at is the person filing the claim. Unfortunately, mesothelioma is an extremely aggressive cancer with a terrible prognosis. Most people don’t have any strength or time to file the lawsuit, which is why surviving family members can file the claim for them. However, they are also bound by the statute of limitations.

A Look At Personal Injury Statute Of Limitations

For normal, run-of-the-mill personal injury cases, the clock begins the countdown the day the injury occurred. This isn’t possible with mesothelioma since the exposure could have happened years prior before their diagnosis. This is why the law was changed, and the statute of limitations now apply to when a person is diagnosed with the condition. In some states, the statute is quite short (think Tennessee and California where the statute is one year).

This is why you need the help of an expert Mesothelioma lawyer. They can look over your case details to find out if you have a case, the statute of limitations has passed or how much longer you have to file the claim.  The lawyer can quickly begin filing the claim to ensure you don’t miss a deadline because of a technicality.

A Look At Wrongful Death Statute Of Limitations

Surviving relatives of mesothelioma victims are permitted to file a wrongful death case. These cases are usually filed by the family because the victim died and was unable to start or carry out legal action for their compensation.

There is also a statute of limitations in wrongful death cases – something that the victim’s relatives need to be mindful of. The clock to take action and file a lawsuit begins the day the victim has died.  In most cases, the two types of statute of limitations are similar.  Some states, however, have a shorter statute of limitations for wrongful death cases than the personal injury claim.

There are several reasons why a wrongful death case takes longer than other cases. For example, your relatives may not know where and when the asbestos exposure occurred. It can take time to list all the places the victim worked or lived and to determine if asbestos was in those locations. This is why you need to talk to an experienced mesothelioma attorney to ensure you don’t miss any important deadlines.

How Is The Statute Of Limitations Determined?

With so many states offering their own statute of limitations, how do you know which one to follow? Any of the best mesothelioma law firms Rancho Cordova can help you determine the right state to file under, as it’s best on the following factors:

• Current and previous places lived
• Liable company is located
• Location of job sites or military bases when exposed to asbestos

Some states have an immediate trial provision for people who have asbestos-related diseases such as lung cancer, asbestosis and mesothelioma. In New York City, a cluster of trials are dealt with in April and October. Since mesothelioma is a fatal disease, this increases their chance of surviving through the trial. 

The state of limitations for a personal injury case will vary from each state:

• 1 Year for Personal Injury – Tennessee, Kentucky, Louisiana and California

• 2 Years for Personal Injury – Alabama, Georgia, Texas, Oklahoma, Kansas, Iowa, Arizona, Colorado, Nevada, Idaho, Alaska, Hawaii, Virginia, West Virginia, Indiana, Illinois, Ohio, Pennsylvania, Delaware and New Jersey

• 3 Years for Personal Injury – Arkansas, New Mexico, Oregon, Utah, Montana, South Dakota, Michigan, Wisconsin, Connecticut, North Carolina, South Carolina, New Hampshire, Maryland, New York, Massachusetts, Vermont, Rhode Island and Washington, D.C.

• 4 Years for Personal Injury – Florida, Nebraska, Minnesota and Wyoming

• 5 Years for Personal Injury – Missouri

• 6 Years for Personal Injury – Maine and North Dakota

The statute of limitations for a wrongful death case will vary from each state:

• 1 Year from Death – Tennessee, Kentucky, Louisiana and California.

• 2 Years from Death – Alabama, Georgia, Texas, Oklahoma, Kansas, Nebraska, Iowa, Illinois, North Dakota, Colorado, Utah, Arizona, Idaho, Wyoming, Nevada, Ohio, Pennsylvania, North Carolina, West Virginia, Virginia, Vermont, New York, New Jersey, Delaware, Maine, Hawaii and Alaska.

• 3 Years from Death – Arkansas, Missouri, Wisconsin, Michigan, South Dakota, Montana, Oregon, New Mexico, Washington, D.C., Rhode Island, South Carolina, Maryland, Connecticut, Massachusetts and New Hampshire.

• 4 Years from Death – Florida and Minnesota

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