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Can You File a Mesothelioma Lawsuit After a Loved One's Death?

One of the most common causes of mesothelioma is exposure to the mineral asbestos in the environment. If your loved one has died from asbestos-related mesothelioma, you may have rights to file a lawsuit on their behalf. Those who have had a loved one pass away from mesothelioma can step in as a plaintiff and fight for their legal rights. Usually, these cases will be tried as a wrongful death lawsuit, which means that someone died at the fault of another person or company.

However, it’s essential to act quickly. Many states have enacted a statute of limitations that prevent family members from filing a lawsuit decades after the death occurred. Each state has different laws regarding asbestos cases, so it’s important to find out the time period for which you’re eligible to file with the court.

For an asbestos wrongful death case, most states have adopted the policy of two years after death, or two years after the date that they first knew (or should have known) that their death was caused by asbestos. Other states have passed a statute of limitations for asbestos cases that are anywhere from one to six years. You can find out how long your state’s statute of limitations for both types of cases at Mesothelioma.com.

Last Updated: March 07, 2016

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