The Discovery Rule
All states with mesothelioma cases use some form of the discovery rule: the statute of limitations begins running when you knew or reasonably should have known about your mesothelioma diagnosis — not when you were first exposed to asbestos decades ago. Without this rule, nearly all mesothelioma cases would be time-barred before diagnosis given the 20–50 year latency period.
In practice, the discovery rule clock typically starts at the date of the pathology-confirmed mesothelioma diagnosis.
Statutes of Limitations by State
| State | Personal Injury SOL | Wrongful Death SOL | Statute |
|---|---|---|---|
| Louisiana | 1 year | 1 year from death | Civil Code Art. 3492 (prescription) |
| Alabama | 2 years | 2 years | Ala. Code §6-2-38 |
| Arizona | 2 years | 2 years | A.R.S. §12-542 |
| California | 2 years | 2 years from death | CCP §340.2 |
| Connecticut | 3 years | 2 years | CGS §52-577a |
| Florida | 2 years | 2 years | Fla. Stat. §95.11 |
| Georgia | 2 years | 2 years | O.C.G.A. §9-3-33 |
| Illinois | 2 years | 2 years | 735 ILCS 5/13-202 |
| Maryland | 3 years | 3 years | Md. Code, Cts. & Jud. Proc. §5-101 |
| Massachusetts | 3 years | 3 years | M.G.L. c. 260, §2A |
| Michigan | 3 years | 3 years | MCL §600.5805 |
| Mississippi | 3 years | 3 years | Miss. Code §15-1-49 |
| New Jersey | 2 years | 2 years | N.J.S.A. §2A:14-2 |
| New York | 3 years | 2 years | CPLR §214-c |
| Ohio | 2 years | 2 years | O.R.C. §2305.10 |
| Pennsylvania | 2 years | 2 years from death | 42 Pa. C.S. §5524 |
| Texas | 2 years | 2 years from death | Tex. Civ. Prac. & Rem. Code §16.003 |
| Virginia | 2 years | 2 years | Va. Code §8.01-243 |
| Washington | 3 years | 3 years | RCW 4.16.080 |
| West Virginia | 2 years | 2 years | W. Va. Code §55-2-12 |
Trust Fund Claim Deadlines
Asbestos trust fund claims have separate deadlines from lawsuits. Most trusts allow claims to be filed for 3–5 years after mesothelioma diagnosis, with some trusts having no hard cutoff for as long as the trust remains funded. However, filing trust fund claims early preserves your full claim value, as payment percentages can decrease over time as trust assets are depleted. Early filing is always preferable.
What Happens If You Miss the Deadline?
Missing the statute of limitations deadline permanently forfeits your right to sue. Courts strictly enforce these deadlines; there are very limited exceptions (e.g., mental incapacity, fraudulent concealment by the defendant). Trust fund claims may still be available after a lawsuit deadline has passed, but the lawsuit option is gone entirely.
This is why mesothelioma attorneys consistently emphasize early consultation. Even if you choose not to file immediately, a consultation ensures you understand your deadline and make a fully informed decision.