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What Is the Statute of Limitations for Filing a Mesothelioma Claim After Asbestos Exposure?

The Fostel Law Firm Jan. 17, 2025

Mesothelioma is a rare, aggressive cancer primarily caused by exposure to asbestos, a material once widely used in construction, manufacturing, and other industries. Unfortunately, the symptoms of mesothelioma can take decades to appear, which complicates the legal process for those affected by it.

Here at The Fostel Law Firm, I’ve seen that asbestos exposure victims may find themselves wondering when they can file a mesothelioma claim and if they have a limited time to seek compensation.

There are specific rules, known as statutes of limitations, that dictate how long you have to file a claim for personal injury after being diagnosed with mesothelioma.

What Is a Statute of Limitations?

The statute of limitations is a law that sets the maximum period one can wait before filing a lawsuit for personal injury or other legal claims. Once this period expires, a person can no longer file a lawsuit for compensation.

In Texas and Louisiana, as in most states, different types of cases have different filing time limits. The statute of limitations for personal injury claims typically varies depending on the type of injury, its severity, and when it was discovered.

For mesothelioma victims, the process is somewhat unique because the illness often doesn’t develop until many years after the initial asbestos exposure. As a result, mesothelioma claims involve special considerations when it comes to the statute of limitations.

How Does the Statute of Limitations Apply to Mesothelioma?

In Texas and Louisiana, victims of mesothelioma must file their claim within a specific timeframe from the date they are diagnosed with the disease or when they should reasonably have discovered the connection between their illness and asbestos exposure.

This is especially important because the diagnosis of mesothelioma can come decades after the initial exposure, sometimes making it unclear when the clock starts ticking for filing a claim.

Under Texas law, the statute of limitations for personal injury claims, including mesothelioma cases, is generally two years from the date the individual is diagnosed with mesothelioma.

Under Louisiana law, the statute of limitations for personal injury claims, including mesothelioma case, is generally only one year from the date the individual was diagnosed with mesothelioma.

This means that once you are diagnosed, you have two years in Texas to file a claim for damages and in Louisiana you have one year to file a claim for damages, including medical expenses, lost wages, pain and suffering, and other potential compensation.

The Discovery Rule in Texas and Louisiana

While the general statute of limitations for personal injury claims in Texas and Louisiana, the “discovery rule” plays a significant role in mesothelioma cases. This rule allows the statute of limitations to begin when the person learns, or reasonably should have learned, that they have the disease and that the disease was caused by asbestos exposure.

In other words, if you weren’t aware that asbestos exposure could lead to mesothelioma or that you had been exposed, the clock doesn’t start ticking until you’ve been diagnosed or have reason to know that your condition was caused by asbestos.

The discovery rule is significant in mesothelioma cases because the latency period for the disease can range from 20 to 50 years. Many people don’t know they’re affected by asbestos until much later in life. This rule provides more flexibility for victims, ensuring they are not unfairly restricted by the time of exposure, which might have occurred decades earlier.

What Happens If You Miss the Statute of Limitations Deadline?

If you miss the deadline for filing your mesothelioma claim, you may lose your right to seek compensation altogether. It’s crucial to act promptly after receiving a mesothelioma diagnosis to make sure that your claim is filed within the prescribed time limit.

In certain cases, exceptions may be made, but they are rare. If you’re unable to file your claim within the typical two-year period due to extenuating circumstances, such as being incapacitated, it’s essential to consult with an experienced personal injury lawyer as soon as possible to determine whether any exceptions apply to your situation.

Missing the statute of limitations deadline can leave you with no legal recourse to recover compensation for the physical, emotional, and financial impact of mesothelioma. This is why it’s important to understand the rules and start the claims process as early as possible.

Filing a Mesothelioma Claim in Texas and Louisiana

When filing a mesothelioma claim in Texas or Louisiana, it’s essential to work with a personal injury attorney who understands the specific laws related to asbestos exposure. Asbestos-related claims involve intricate details, including identifying the parties responsible for your exposure, whether through employers, manufacturers, or others in the supply chain.

To file a mesothelioma claim, you'll generally need to:

  • Document your exposure: This step is crucial. Asbestos exposure can occur in various industries, including construction, manufacturing, shipbuilding, and others. You'll need to provide evidence that connects your mesothelioma diagnosis to your past asbestos exposure. A personal injury lawyer can help you track down this information.

  • Consult with an experienced lawyer: A lawyer with experience in personal injury cases, particularly those involving asbestos, can help you manage the legal process, making sure that your claim is filed on time and that you receive the compensation you're entitled to.

  • File your claim: Once your lawyer has gathered the necessary information and documentation, they will file the claim on your behalf. This may involve filing in a Texas state court or federal court, depending on the specific circumstances of your case.

  • Seek compensation: In many cases, victims of mesothelioma may be eligible for compensation from multiple sources, including asbestos trust funds, personal injury lawsuits, and settlements. Your lawyer will help you pursue the right path for recovery, given your unique situation.

Why It’s Critical to Act Quickly

Mesothelioma is an aggressive and fatal disease. The longer you wait to seek compensation, the more likely it is that you will not have the time to pursue legal action. While the two-year statute of limitations in Texas may seem like a reasonable window, the reality is that mesothelioma’s rapid progression means that victims often don’t have the luxury of waiting years to file a claim.

In addition to the emotional toll of the disease, mesothelioma treatment can be expensive. Treatment costs, including surgery, chemotherapy, radiation therapy, and palliative care, can add up quickly. By filing a claim early, you can access financial compensation that can help cover these costs and provide support for your family.

Trust Funds in Mesothelioma Claims

In many cases, individuals diagnosed with mesothelioma may be able to file a claim with an asbestos trust fund. These funds were established by companies that have been found responsible for asbestos exposure to compensate victims without the need for lengthy litigation. Trust funds can often provide quicker access to compensation than traditional lawsuits.

If you’re filing a personal injury claim for mesothelioma, your lawyer can help determine if any trust funds are available based on your exposure history. These funds typically have their own filing deadlines and requirements, so it's essential to work with an experienced lawyer who understands these timelines.

How I Can Help

If you've been diagnosed with mesothelioma and are concerned about the statute of limitations or filing a claim, don’t hesitate to contact my firm. 

With years of experience handling personal injury cases, including those involving asbestos exposure, I understand how critical it is to act quickly. My firm can help you file your claim within the legal timeframe, manage the legal process, and pursue compensation.

If you or a loved one has been diagnosed with mesothelioma, reach out to me for a free consultation. I’m here to fight for your rights and help you get the financial support you need during this difficult time.

Contact My Firm Today

Working with an experienced personal injury attorney can help make sure that your claim is filed on time and that you receive compensation. Here at The Fostel Law Firm, I can guide you through your claim. I serve both Texas and Louisiana clients. Contact me today to schedule your consultation.