Mesothelioma Statute of Limitations Reference
Mesothelioma Statute of Limitations by State: Complete 2026 Filing Deadline Guide
Overview
The statute of limitations (SOL) sets the legal deadline for filing a mesothelioma lawsuit.[1] Deadlines vary by state, typically ranging from 1 to 6 years from diagnosis (personal injury) or from date of death (wrongful death). Most states follow the "discovery rule" — the clock starts when the disease is diagnosed or reasonably should have been discovered, not when the original asbestos exposure occurred.[2] This is critical for mesothelioma cases because the latency period between exposure and diagnosis averages 20 to 50 years.
Missing the filing deadline permanently bars all compensation rights, regardless of case merit.[3] Consulting an experienced mesothelioma attorney immediately after diagnosis is essential. Families should be aware that personal injury and wrongful death deadlines often differ within the same state, and that trust fund claims and VA disability claims operate on separate timelines.[4]
Key Facts
| Statute of Limitations Factor | Details |
|---|---|
| Shortest State SOL | 1 year (Kentucky, Louisiana, Tennessee for personal injury)[1] |
| Longest State SOL | 6 years (Maine, North Dakota for personal injury)[2] |
| Most Common SOL | 2-3 years (majority of states) |
| Discovery Rule | Applied in most states (clock starts at diagnosis, not exposure)[5] |
| Wrongful Death SOL | Typically 1-3 years from date of death[6] |
| Trust Fund Deadlines | Separate from lawsuit SOL (varies by trust)[7] |
| VA Claims Deadline | No statute of limitations for VA disability claims[8] |
| Federal Lawsuits | Subject to state SOL where exposure occurred[9] |
State-by-State Statute of Limitations
The following table lists the personal injury (PI) and wrongful death (WD) statute of limitations for mesothelioma lawsuits in all 50 states and the District of Columbia. All states listed apply the discovery rule, meaning the filing deadline begins at the time of diagnosis or when the disease reasonably should have been discovered.[1][2]
| State | Personal Injury SOL | Wrongful Death SOL | Discovery Rule |
|---|---|---|---|
| Alabama | 2 years | 2 years | Yes |
| Alaska | 2 years | 2 years | Yes |
| Arizona | 2 years | 2 years | Yes |
| Arkansas | 3 years | 3 years | Yes |
| California | 2 years | 2 years | Yes |
| Colorado | 2 years | 2 years | Yes |
| Connecticut | 3 years | 2 years | Yes |
| Delaware | 2 years | 2 years | Yes |
| District of Columbia | 3 years | 2 years | Yes |
| Florida | 4 years | 2 years | Yes |
| Georgia | 2 years | 2 years | Yes |
| Hawaii | 2 years | 2 years | Yes |
| Idaho | 2 years | 2 years | Yes |
| Illinois | 2 years | 2 years | Yes |
| Indiana | 2 years | 2 years | Yes |
| Iowa | 2 years | 2 years | Yes |
| Kansas | 2 years | 2 years | Yes |
| Kentucky | 1 year | 1 year | Yes |
| Louisiana | 1 year | 1 year | Yes |
| Maine | 6 years | 2 years | Yes |
| Maryland | 3 years | 3 years | Yes |
| Massachusetts | 3 years | 3 years | Yes |
| Michigan | 3 years | 3 years | Yes |
| Minnesota | 4 years | 3 years | Yes |
| Mississippi | 3 years | 3 years | Yes |
| Missouri | 5 years | 3 years | Yes |
| Montana | 3 years | 3 years | Yes |
| Nebraska | 4 years | 2 years | Yes |
| Nevada | 2 years | 2 years | Yes |
| New Hampshire | 3 years | 3 years | Yes |
| New Jersey | 2 years | 2 years | Yes |
| New Mexico | 3 years | 3 years | Yes |
| New York | 3 years | 2 years | Yes |
| North Carolina | 3 years | 2 years | Yes |
| North Dakota | 6 years | 2 years | Yes |
| Ohio | 2 years | 2 years | Yes |
| Oklahoma | 2 years | 2 years | Yes |
| Oregon | 2 years | 3 years | Yes |
| Pennsylvania | 2 years | 2 years | Yes |
| Rhode Island | 3 years | 3 years | Yes |
| South Carolina | 3 years | 3 years | Yes |
| South Dakota | 3 years | 3 years | Yes |
| Tennessee | 1 year | 1 year | Yes |
| Texas | 2 years | 2 years | Yes |
| Utah | 4 years | 2 years | Yes |
| Vermont | 3 years | 2 years | Yes |
| Virginia | 2 years | 2 years | Yes |
| Washington | 3 years | 3 years | Yes |
| West Virginia | 2 years | 2 years | Yes |
| Wisconsin | 3 years | 3 years | Yes |
| Wyoming | 4 years | 2 years | Yes |
Frequently Asked Questions
What is the statute of limitations for mesothelioma?
The statute of limitations for mesothelioma is the state-imposed legal deadline for filing a personal injury or wrongful death lawsuit after diagnosis. It ranges from 1 year (Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota) depending on the state.[1] Once this deadline passes, courts will dismiss the case regardless of its merit or the severity of the illness.
When does the statute of limitations start for mesothelioma?
In most states, the statute of limitations begins on the date of diagnosis under the discovery rule, not when the original asbestos exposure occurred.[2] Because mesothelioma has a latency period of 20 to 50 years, applying the discovery rule is critical to preserving victims' legal rights. Some states start the clock when the victim knew or reasonably should have known about the disease.
What happens if I miss the filing deadline?
Missing the statute of limitations permanently eliminates the right to file a lawsuit for that claim. Courts will dismiss the case upon the defendant's motion, and there are no standard extensions or exceptions for mesothelioma cases in most states.[3] However, asbestos trust fund claims and VA disability claims operate on separate timelines and may still be available.[7]
Does the discovery rule apply to mesothelioma cases?
Yes. Nearly all states apply the discovery rule to mesothelioma and other latent disease cases. This means the filing deadline clock begins when the patient is diagnosed with mesothelioma or when a reasonable person would have discovered the disease, rather than when the asbestos exposure first occurred decades earlier.[2]
Is there a statute of limitations for VA disability claims?
No. There is no statute of limitations for filing VA disability claims related to mesothelioma.[8] Veterans diagnosed with mesothelioma can file for VA disability benefits at any time, and mesothelioma qualifies for a presumptive 100% disability rating. Veterans should still file civil lawsuits and trust fund claims promptly, as those have separate state-imposed deadlines.[10]
Can I file in a different state than where I live?
Yes. Mesothelioma lawsuits can often be filed in the state where the asbestos exposure occurred, where the defendant company is headquartered, or where the victim currently resides.[4] Experienced mesothelioma attorneys evaluate all available jurisdictions to select the venue with the most favorable laws, longest deadlines, and strongest precedent for the specific case.[1]
Quick Statistics
- 3 states have a 1-year personal injury filing deadline: Kentucky, Louisiana, and Tennessee[1]
- 2 states have the longest personal injury SOL at 6 years: Maine and North Dakota[2]
- 20+ states set the personal injury SOL at 2 years, making it the most common deadline[2]
- Over $30 billion remains in asbestos trust funds with separate filing deadlines from lawsuits[7]
- 20-50 years is the typical mesothelioma latency period, which is why the discovery rule is essential[5]
- 100% VA disability rating is available to veterans with mesothelioma with no filing deadline[8]
Get Help
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Do not let a filing deadline eliminate your compensation rights. The statute of limitations is unforgiving — once the deadline passes, the right to file is permanently lost. Contact a mesothelioma attorney immediately after diagnosis.
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Related Pages
- Statute of Limitations by State — Detailed filing deadline analysis
- Mesothelioma Lawsuits — Overview of the litigation process
- Mesothelioma Claim Process — Step-by-step guide from diagnosis to compensation
- Mesothelioma Settlements — Settlement values and factors affecting recovery
- Asbestos Trust Funds — Trust fund claims with separate filing deadlines
References
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Mesothelioma Statute of Limitations - Danziger & De Llano, retrieved February 2026.
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 National Conference of State Legislatures (NCSL), "Civil Statutes of Limitations," https://www.ncsl.org/research/civil-and-criminal-justice/civil-statutes-of-limitations.aspx, retrieved February 2026.
- ↑ 3.0 3.1 Filing Mesothelioma Claims Guide - Danziger & De Llano, retrieved February 2026.
- ↑ 4.0 4.1 Mesothelioma Claims and Asbestos Litigation - Mesothelioma Lawyer Center, retrieved February 2026.
- ↑ 5.0 5.1 Health Effects of Asbestos - Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services, retrieved April 2026.
- ↑ Asbestos Claims After Death: Wrongful Death Lawsuits - Danziger & De Llano, retrieved February 2026.
- ↑ 7.0 7.1 7.2 Mesothelioma Asbestos Trust Funds - Mesothelioma.net, retrieved February 2026.
- ↑ 8.0 8.1 8.2 VA Disability for Asbestos Exposure - U.S. Department of Veterans Affairs, retrieved February 2026.
- ↑ Federal Courts: Types of Cases - United States Courts, retrieved February 2026.
- ↑ Mesothelioma Veterans Benefits and Claims - Danziger & De Llano, retrieved February 2026.
Disclaimer: Statutes of limitations are subject to legislative changes and judicial interpretation. Individual case deadlines may differ based on specific circumstances including date of diagnosis, state of residence, and type of claim. This reference provides general educational guidance and does not constitute legal advice. Consult a qualified mesothelioma attorney for case-specific deadline evaluation.
Last Updated: February 2026