What Is the Statute of Limitations for Asbestos Claims?

What Is the Statute of Limitations for Asbestos Claims?

Here’s an essential fact: You only have a limited amount of time to file an asbestos claim.
Asbestos trust funds provide financial compensation for victims of occupational asbestos exposure. However, they come with a set and strict time limit and also specific eligibility requirements.

The statute of limitations refers to the defined period of time during which an occupation asbestos victim can seek financial compensation from asbestos trust funds. Consequently, if you have a diagnosis of mesothelioma, asbestosis, or lung cancer as a result of asbestos exposure in the workplace, your asbestos injury claim must be submitted within a certain period of time to be eligible for approval by the board of asbestos fund trustees.

If you don’t file a claim within the specified statute of limitations period, you will not be able to receive compensation for your work-related asbestos injury.

The pathology of many lung diseases that stem from asbestos exposure is typically very deceptive. The majority of people suffering from one of these asbestos-exposure related diseases have no or few apparent symptoms until the illness becomes dangerously severe. The early signs of these deadly pulmonary illnesses are typically mild, and can readily be mistaken for more common, and often less dangerous, respiratory conditions. Consequently, asbestos victims are often misdiagnosed.

Statute of Limitations: Asbestos

Each state of the union has its own has its own defined limitations for asbestos claims, and wrongful death lawsuits as well. They vary state-to-state and cover a period between one and six years. If you don’t submit your asbestos injury claim within your state’s specified statute of limitations, it will not be processed, and you will lose your eligibility for financial compensation.

The statute of limitations is a bit different for wrongful death lawsuits, though. If you want to recover compensation for the asbestos-related wrongful death of a deceased family member, the statute of limitation begins the moment your loved one passes away.

Plus, the eligibility period for filing a wrongful death lawsuit is typically shorter than the statute of limitations for asbestos claims. Depending on the state in which you live, you have between 1 and 3 years to take legal action for the wrongful death of a loved one. Various family members can file a wrongful death lawsuit, including:

  • Spouses
  • Parents
  • Children
  • Siblings


Work With a Qualified Attorney

Regardless of which legal action you intend to take, you would be well-advised to work with an attorney with a focus on asbestos injury claims and wrongful death injury claims. A lawyer can provide you with the necessary assistance and guidance through the legal process and can work to ensure that your asbestos claim or wrongful death lawsuit is submitted at the earliest possible time to safeguard the statute of limitations requirement.


If you or a loved one has received a mesothelioma or lung cancer diagnosis due to occupational exposure to asbestos, contact a lawyer in your local area as soon as possible—you don’t want to delay, or you could miss out on filing within the statute of limitations. Call the Best Mesothelioma Laywer Waco, Texas today!


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