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Statute of Limitations by State
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== How Do Federal Laws Affect Mesothelioma Filing Deadlines? == Federal laws provide alternative deadlines and procedural advantages for certain categories of workers, particularly those exposed to asbestos in maritime or railroad occupations. Understanding these federal options can be crucial for maximizing recovery and avoiding statute of limitations problems. '''The Jones Act''' protects seamen and maritime workers with a three-year limitation period from the date of discovery of the illness. This federal maritime law applies to workers who spend significant time on navigable waters, including those working on vessels, offshore platforms, and commercial ships. The Jones Act provides advantages beyond the extended deadline, including access to federal courts and different damage calculations. Navy veterans and shipyard workers should explore whether their exposure triggers Jones Act protections. For more on [https://mesotheliomaattorney.com/asbestos/ asbestos exposure and its health risks], understanding product history helps establish exposure timelines. '''The Federal Employers Liability Act (FELA)''' provides railroad workers a three-year limitation from when symptoms become disabling—not just from diagnosis. This distinction can provide additional time compared to state law discovery rules. FELA uses a comparative negligence standard rather than state-specific rules, and it preempts workers' compensation bars that might otherwise limit recovery. {| style="width:100%; border:2px solid #1a5276; border-radius:8px; margin:1em 0; background:#f8f9fa;" |- ! style="background:#1a5276; color:white; padding:15px; text-align:left;" | 💬 Veterans Benefits Note |- | style="padding:20px; font-style:italic; border-left:4px solid #e65c00;" | "Many veterans don't realize that VA disability claims and civil lawsuits have completely independent deadlines. Filing for VA benefits does not toll, extend, or otherwise affect the statute of limitations for lawsuits against asbestos manufacturers. We've seen too many veterans lose valuable civil claims by assuming their VA filing protected all their rights. Veterans can and should pursue both simultaneously." |- | style="padding:10px 20px; text-align:right; font-weight:bold;" | — Rod De Llano, [https://dandell.com/lawyers/rod-de-llano/ Danziger & De Llano] |} For veterans exposed during military service, [https://dandell.com/mesothelioma-veterans/ VA claims] operate on a separate track from civil litigation. VA disability compensation has no statute of limitations—veterans can file for benefits at any time after diagnosis. However, civil lawsuits against asbestos manufacturers remain subject to state deadlines. Pursuing both tracks simultaneously maximizes total recovery while protecting all available rights. ----
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