Statute of Limitations by State

Statute of Limitations Quick Facts
Critical filing deadlines by state
Shortest Deadline	1 Year (CA, KY, LA, TN)
Most Common	2 Years (25 states)
Longest Deadline	6 Years (ME, ND)
Discovery Rule	Clock starts at diagnosis
Federal Cases	3 Years (Jones Act/FELA)
🛡️ Free Deadline Review →

Mesothelioma Statute of Limitations: Complete 50-State Filing Deadline Guide (2026)

Executive Summary

The statute of limitations represents the single most critical legal deadline facing mesothelioma patients and families—missing your state's filing deadline permanently eliminates all rights to compensation, transforming potential million-dollar recoveries into zero with no exceptions, no appeals, and no second chances. Four states (California, Kentucky, Louisiana, Tennessee) impose devastating one-year deadlines requiring immediate action, while most states allow two to three years from diagnosis under the discovery rule. This guide provides comprehensive filing deadline information for all 50 states, explains how the discovery rule affects when your deadline begins, identifies special provisions for veterans and maritime workers, and outlines protective strategies to ensure you never lose rights through missed deadlines. The average mesothelioma lawsuit settlement exceeds $1-1.4 million, making proper deadline management worth hundreds of thousands or even millions of dollars to your family.

---

⚠️ CRITICAL WARNING: Four states impose ONE-YEAR filing deadlines: California, Kentucky, Louisiana, and Tennessee. If you were diagnosed in any of these states, contact an attorney immediately at (866) 222-9990. Every day of delay brings you closer to losing all rights to compensation.

---

⏰ Key Facts: Statute of Limitations Essentials

One-Year States: California, Kentucky, Louisiana, Tennessee—require immediate action upon diagnosis Two-Year States: 25 states including Texas, Florida, New York, Illinois, Ohio, and Pennsylvania Three-Year States: 12 states including Massachusetts, Maryland, Michigan, and Arkansas Four+ Year States: Florida (4 years PI), Minnesota (4 years), Missouri (5 years), Maine (6 years) Discovery Rule: All states calculate deadlines from diagnosis, not exposure—critical for 20-50 year latency diseases Wrongful Death: Often has different (usually shorter) deadline than personal injury claims Federal Claims: Jones Act and FELA provide 3-year limitations for maritime and railroad workers Trust Fund Claims: Separate from lawsuit deadlines—most trusts have no deadline but payment percentages decrease over time Tolling Exceptions: Fraudulent concealment, minority status, and mental incapacity may extend deadlines in some states Multi-State Filing: Exposure in multiple states may allow filing in jurisdiction with longer deadline

---

Why Do Filing Deadlines Matter So Much for Mesothelioma Cases?

The statute of limitations represents the most unforgiving aspect of mesothelioma litigation because courts have absolutely no discretion to accept late filings regardless of circumstances. Unlike other procedural requirements that might be waived, corrected, or excused, missing your filing deadline permanently extinguishes all legal rights to compensation. Even the strongest case with overwhelming evidence becomes worthless the moment the deadline passes—no judge can override this barrier regardless of sympathy for your situation.

ℹ️ The Discovery Rule Protects Mesothelioma Patients: Unlike most injuries where the statute begins at the time of harm, mesothelioma cases benefit from the "discovery rule"—your deadline starts when you receive your diagnosis or when you knew or should have known about the disease's connection to asbestos. This principle, established in Borel v. Fibreboard (1973), recognizes that mesothelioma's 20-50 year latency period would otherwise eliminate all claims before patients even knew they were sick.

Understanding your specific deadline requires more than simply knowing your state's general personal injury statute. Mesothelioma cases involve complex interactions between state law, federal law, discovery rules, and various tolling provisions. The deadline may depend on where exposure occurred (not just where you live), whether federal maritime or railroad law applies, and whether any defendant's fraudulent concealment tolled the statute. For comprehensive guidance on navigating these complexities, experienced mesothelioma attorneys at Mesothelioma Lawyer Center provide free case evaluations.

💬 Legal Perspective
"The statute of limitations is the first thing we evaluate in any mesothelioma case. We've seen too many families lose their entire claim—sometimes worth over a million dollars—simply because they waited too long to call. If you've been diagnosed, protecting your deadline is as important as starting treatment."
— Paul Danziger, Danziger & De Llano

---

Which States Have the Shortest Filing Deadlines?

Four states impose devastating one-year deadlines that have eliminated countless valid claims from victims who assumed they had more time or didn't realize their state's unique requirements. If you live in or were exposed to asbestos in California, Kentucky, Louisiana, or Tennessee, you must act immediately upon diagnosis.

California enforces one of the nation's strictest deadlines with just one year from diagnosis or discovery of the asbestos connection. The California courts interpret this deadline rigidly, with the clock starting when a reasonable person would have connected their disease to asbestos exposure. California's massive verdict potential makes missing this deadline particularly costly—the state has produced some of the largest mesothelioma awards in history, with verdicts regularly exceeding $10-30 million. Resources for California patients: California Mesothelioma Lawyers

Kentucky similarly allows only one year from diagnosis, with the Kentucky Supreme Court repeatedly upholding strict enforcement even in cases involving delayed diagnosis or misdiagnosis. Kentucky's industrial history—including extensive coal power generation, manufacturing, and chemical processing—means many residents have significant exposure claims that become worthless after the one-year mark.

Louisiana maintains a one-year prescriptive period (their civil law term for statute of limitations) beginning at diagnosis. Louisiana's unique legal system, derived from French rather than English common law, creates additional complexities. The state's extensive petrochemical industry and Avondale Shipyard history have produced thousands of exposure victims who must act quickly. Regional resources: Louisiana Mesothelioma Attorneys

Tennessee rounds out the one-year states with equally strict enforcement. Tennessee courts have shown no flexibility in extending this deadline, even for out-of-state residents exposed to asbestos while working temporarily in Tennessee facilities like the Oak Ridge National Laboratory.

⛔ RED ALERT: If you were diagnosed in California, Kentucky, Louisiana, or Tennessee, DO NOT delay. Call (866) 222-9990 today for an immediate deadline assessment. We can file protective paperwork to preserve your rights while investigating your full case.

---

What Are the Filing Deadlines for All 50 States?

The following table provides comprehensive filing deadline information for mesothelioma cases in every U.S. state. Note that wrongful death claims often have different deadlines than personal injury claims, and special provisions may apply to your specific situation.

State	Personal Injury	Wrongful Death	Discovery Rule	Special Provisions
California	1 year	1 year from death	Yes, but still 1 year	Strictest deadline in nation
Kentucky	1 year	1 year from death	Very limited	Strict enforcement
Louisiana	1 year	1 year from death	Limited	Civil law system
Tennessee	1 year	1 year from death	Yes, but strictly interpreted	No flexibility
Alabama	2 years	2 years from death	Yes	Maritime federal options
Alaska	2 years	2 years from death	Liberal discovery rule	Alaska Native provisions
Arizona	2 years	2 years from death	Yes	Mining exposure common
Arkansas	3 years	3 years from death	Limited	Bauxite mining exposure
Colorado	2 years	2 years from death	Yes	Mountain mining cases
Connecticut	3 years	2 years from death	Generous	Submarine base exposure
Delaware	2 years	2 years from death	Yes	Chemical plant exposure
Florida	4 years	2 years from death	Yes	Longer PI deadline
Georgia	2 years	2 years from death	Limited	Power plant exposure
Hawaii	2 years	2 years from death	Yes	Pearl Harbor exposure
Idaho	2 years	2 years from death	Yes	Mining/timber exposure
Illinois	2 years	2 years from death	Liberal	Steel industry exposure
Indiana	2 years	2 years from death	Limited	Manufacturing exposure
Iowa	2 years	2 years from death	Yes	Agricultural equipment
Kansas	2 years	2 years from death	Yes	Oil refinery exposure
Maine	6 years	2 years from death	Special asbestos statute	Most generous deadline
Maryland	3 years	3 years from death	Yes	Bethlehem Steel exposure
Massachusetts	3 years	3 years from death	Yes	Extensive shipyard exposure
Michigan	3 years	3 years from death	Yes	Auto industry exposure
Minnesota	4 years	3 years from death	Yes	3M and mining exposure
Mississippi	3 years	3 years from death	Yes	Shipyard/oil exposure
Missouri	5 years	3 years from death	Yes	Lead mining co-exposure
Montana	3 years	3 years from death	Special Libby provisions	W.R. Grace mine exposure
Nebraska	4 years	2 years from death	Yes	Agricultural exposure
Nevada	2 years	2 years from death	Yes	Mining/power exposure
New Hampshire	3 years	3 years from death	Yes	Portsmouth Naval Shipyard
New Jersey	2 years	2 years from death	Yes	Industrial corridor exposure
New Mexico	3 years	3 years from death	Yes	Los Alamos exposure
New York	3 years	2 years from death	Yes	Brooklyn Navy Yard; Lavern's Law
North Carolina	3 years	2 years from death	Yes	Textile mill exposure
North Dakota	6 years	2 years from death	Yes	Most generous deadline
Ohio	2 years	2 years from death	Yes	Steel/auto exposure
Oklahoma	2 years	2 years from death	Yes	Oil industry exposure
Oregon	2 years	3 years from death	Yes	Shipyard exposure
Pennsylvania	2 years	2 years from death	Yes	Philadelphia Naval Shipyard
Rhode Island	3 years	3 years from death	Yes	Navy base exposure
South Carolina	3 years	3 years from death	Yes	Charleston Naval Shipyard
South Dakota	3 years	3 years from death	Yes	Power plant exposure
Texas	2 years	2 years from death	Yes	Major shipyard/refinery exposure
Utah	4 years	2 years from death	Yes	Mining exposure
Vermont	3 years	2 years from death	Yes	Limited industrial exposure
Virginia	2 years	2 years from death	Yes	Newport News Shipbuilding
Washington	3 years	3 years from death	Yes	Puget Sound Naval Shipyard
West Virginia	2 years	2 years from death	Yes	Coal/chemical exposure
Wisconsin	3 years	3 years from death	Yes	Manufacturing exposure
Wyoming	4 years	2 years from death	Yes	Oil/mining exposure

---

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 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.

💬 Veterans Benefits Note
"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."
— Rod De Llano, Danziger & De Llano

For veterans exposed during military service, 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.

---

What Strategies Can Protect Against Missed Deadlines?

Protecting your rights requires immediate, organized action to ensure all deadlines are identified and met. These systematic approaches help prevent the devastating consequences of missed statute of limitations.

Document your diagnosis date precisely. Obtain copies of all pathology reports, imaging studies, and physician notes establishing when mesothelioma was first diagnosed or suspected. This documentation becomes crucial if questions arise about when the statute began running. Include any earlier respiratory diagnoses that might affect discovery rule application.

Create a comprehensive exposure timeline. Identify all states where you worked with or around asbestos, including military service locations, temporary work assignments, and even brief exposures during travel. This geographic mapping helps identify which states' statutes might apply and where defendants can be sued. For assistance building your exposure history, visit Danziger & De Llano's exposure assessment.

File protective lawsuits if deadlines approach. It's better to file and later dismiss unnecessary claims than to miss deadlines and lose rights forever. Experienced counsel can file bare-bones complaints preserving rights while investigation continues. This strategy is particularly important in one-year states where time is critically limited.

✓ Multiple Jurisdiction Advantage: If you were exposed to asbestos in multiple states, you may be able to file in any state where exposure occurred—not just your home state. Experienced attorneys use "forum shopping" strategically, selecting jurisdictions with longer deadlines, plaintiff-friendly procedures, or higher average verdicts. Learn more about filing strategies.

Consult specialized mesothelioma counsel immediately. The complexity of multi-state exposure, federal preemption, and tolling provisions requires expertise most attorneys lack. Initial consultations are free and can identify critical deadlines you might not know exist. Understanding your trust fund eligibility and lawsuit options requires professional evaluation. Contact Mesothelioma Lawyer Center for immediate case evaluation.

---

Frequently Asked Questions About Filing Deadlines

What if I was diagnosed years ago but just learned about asbestos exposure?

The answer depends on your state's discovery rule application. Some states start the statute at diagnosis regardless of when you learned about asbestos causation. Others extend the deadline to when you discovered or should have discovered the asbestos connection. States like New York have passed specific legislation (Lavern's Law) addressing delayed discovery in cancer cases. Immediate legal consultation is essential to determine if you still have viable claims. Contact mesothelioma attorneys for case-specific analysis.

Can I file in a state with a longer deadline if I was exposed there?

Possibly, but this depends on complex jurisdictional and choice of law analyses. You generally need either personal jurisdiction over defendants in that state or venue based on where exposure occurred. Even if you can file there, the court might apply your home state's shorter deadline under borrowing statute principles. This strategic decision requires experienced counsel familiar with multi-jurisdictional litigation. Review multi-state filing options.

Does filing for VA benefits stop the statute of limitations?

No, VA disability claims and civil lawsuits have completely independent deadlines. Filing for VA benefits does not toll, extend, or otherwise affect statute of limitations for lawsuits against asbestos manufacturers or employers. Many veterans have lost valuable civil claims by assuming their VA filing protected all their rights. For comprehensive veterans guidance, see VA mesothelioma claims.

What if the company I want to sue is in bankruptcy?

Bankruptcy creates an automatic stay preventing new lawsuits against that specific company, but the statute of limitations continues running against other potentially liable defendants. You must file claims against non-bankrupt defendants within applicable deadlines while also meeting bankruptcy court bar dates for claims against the bankrupt entity. Asbestos trust funds provide compensation from bankrupt companies through a separate process.

Can my family file if I die before the deadline?

This depends on whether your state allows survival actions and the specific wrongful death statute. Some states allow your existing personal injury claim to survive your death and be pursued by your estate. Others require filing a new wrongful death action with its own deadline starting from death. Family members should seek immediate legal counsel upon a mesothelioma death. See asbestos claims after death for guidance.

What if I'm too sick to pursue legal action?

Most states don't toll statutes of limitations for physical illness, no matter how severe. However, attorneys can accommodate severely ill clients through bedside depositions, video testimony preservation, and expedited trial settings. Many firms have medical liaisons who coordinate legal proceedings around treatment schedules. Don't let illness prevent you from protecting your rights—expedited filing options exist for terminal patients.

---

Take Action Today: Your Deadline Is Running Now

The statute of limitations clock is running now, ticking away your rights with each passing day. Whether you have one year or three, whether federal law applies or state law controls, whether tolling provisions might extend your deadline—these critical questions need immediate answers from qualified professionals.

Your fight against mesothelioma is difficult enough without losing legal rights through missed deadlines. Protect yourself and your family by taking immediate action to preserve all available claims. The compensation available through timely filing—averaging $1-1.4 million in settlements—can provide crucial financial security during treatment, ensure your family's future, and hold responsible parties accountable for their actions. But only if you act before time runs out.

🛡️ Don't Let Time Run Out on Your Rights Free deadline assessment • No upfront costs • Protect your family's future 📞 Call (866) 222-9990 Now

---

Related Resources

Guide	What You'll Learn
Mesothelioma Claim Process	Complete timeline from diagnosis to compensation
Choosing a Mesothelioma Attorney	How to select specialized legal representation
Evidence Preservation	Documenting decades-old asbestos exposure
Trust Fund Guide	Accessing $30+ billion in available compensation
Compensation Overview	Understanding settlement amounts and payouts
Veterans Benefits	VA claims, disability ratings, and healthcare

References and Citations

• Mesothelioma Statute of Limitations Explained - Danziger & De Llano
• How to File Mesothelioma Claims Guide - Danziger & De Llano
• Mesothelioma Wrongful Death Filing - Danziger & De Llano
• Mesothelioma Claims and Filing Process - Mesothelioma Lawyer Center
• Mesothelioma Compensation for Victims - Mesothelioma.net
• Mesothelioma Compensation Guide - MesotheliomaAttorney.com

---

Disclaimer: This comprehensive guide provides general information about statute of limitations for mesothelioma cases across all 50 states. Laws change frequently and individual circumstances vary significantly. This is not legal advice and should not substitute for immediate consultation with qualified mesothelioma counsel. Always verify current deadlines with an attorney licensed in the relevant jurisdiction. Time is critically limited—seek legal consultation immediately upon diagnosis.

Last Updated: January 2026