Statutes of Limitations vary depending on the state, so it’s important to understand the laws that apply to the asbestos claims in your state.

Mesothelioma and other asbestos lawyers in TV ads routinely urge people to “call now” because “time is running out.” These heartfelt supplications usually refer to the statute of limitations. The law protects everyone. Victims should always have a day in court and tortfeasors (negligent actors) shouldn’t have to look over their shoulders for eternity. Someone has to draw a line somewhere, and that line is the statute of limitations.

The SOL varies in different states, but it’s generally two years in a personal injury case. The average mesothelioma latency period is over seventy years. Something’s gotta give. In most cases, the law gives the edge to victims. Even if the statute of limitations has expired, and it usually has in asbestos exposure cases, these victims still have many legal and non-legal options. More on that below.

Statutes of Limitation vs. Statutes of Repose

Additionally, many states have a statute of repose. The SOR usually applies to injury claims related to construction defects. SORs are typically very difficult to get around. Fortunately, they don’t apply in most asbestos exposure cases, even though these matters often involve construction defects. More on that below as well.

If asbestos exposure harmed you or a loved one, no matter how long ago the exposure occurred, reach out to an Austin mesothelioma lawyer to explore your legal options. Old cases don’t just face additional procedural hurdles. They’re harder to prove as well. Therefore, only the most experienced asbestos exposure lawyer should handle such matters. Otherwise, the victims usually end up settling for less.

Which State Should I File In?

As mentioned, SOL and SOR laws vary significantly in different states. So, a victim can just establish residency in a state with favorable laws, file a legal action, and wait for the pot of gold at the end of the rainbow, right? Unfortunately, it’s not that easy.

This technique, which Austin mesothelioma lawyers often call forum-shopping, is technically legal, at least in many states. Generally, victims may file suit in the county of residence or the county where the injury occurred.

This technique, if available, is usually a bad idea. Jurors from State Y often don’t like it when victims from State Z play fast and loose with the rules in this manner. Additionally, State Y jurors usually don’t care about an injury which occurred in State Z.

Additionally, all the medical and other evidence is in State Z. So, if a victim brings a claim in State Y, it’ll be much harder, and much more expensive, to prove.

There’s one big exception to this general rule. Many asbestos exposure victims are ambient (environmental) exposure victims. Microscopic asbestos fibers often travel great distances. If Larry lives near the border between State Y and State Z, asbestos exposure could have occurred in either state.460

The Discovery Rule

Determining the statute of limitations for your asbestos claim may depend on when your symptoms appear. 

This legal doctrine, which varies slightly in different states, is usually the key to overcoming an SOL defense, so the victim gets a day in court and a chance to prove damages.

These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. 

Additional punitive damages are usually available in these cases as well. Scientists first sounded the alarm about the health hazards of asbestos in 1899. But companies kept using this mineral anyway, mostly because it was cheap. Punitive damages are designed to punish companies that ignore known risk and deliberately put profits before people.

Generally, the delayed discovery roll tolls the statute of limitations (i.e. the two-year or other countdown doesn’t begin) until:

  • Victims are fully aware of all their damages, and
  • They connect those damages to a tortfeasor’s misconduct.

This rule gets really complicated in mesothelioma claims, mostly because the cancer misdiagnosis rate is very high. So, strap yourselves in.

Assume Ben worked for a Columbus residential construction company in the mid-1970s. Asbestos was widely used until about 1980. In 2010, Ben’s doctor says he has ordinary lung cancer. Since his treatments aren’t working, he gets a second opinion from another doctor in 2015. That doctor says Ben has mesothelioma. In 2020, Ben sees a TV news special about asbestos in the Ohio construction industry.

The SOL didn’t start running in the 1970s, at the time of exposure. It also didn’t begin running in 2010 or 2015. Finally, in 2020, Ben knew the full extent of his illness and he connected that illness with a tortfeasor.

The Buckeye State has a four-year statute of repose, but it only applies to medical malpractice claims. So, if Ben wanted to sue the doctor who misdiagnosed his cancer, teh SOR would apply. These laws are much broader in other states. That’s another reason to speak with an Austin mesothelioma lawyer if you think you might have a claim.

Non-Litigation Alternatives for Asbestos Claims

In many cases, the SOL and SOR are irrelevant, because an end-run may be available. In fact, once again in some situations, this end-run might be the only possibility.

Workers Compensation for Asbestos Claims

Ben might be unable to sue his construction company employer in court. Ohio, and most other states, have broad la compensación laboral exclusive remedy laws. Victims must normally file workers’ compensation claims to obtain compensation for their job-related injuries.

The discovery rule usually applies in workers’ compensation, which is a no-fault, employer-provided insurance policy. Benefits in these claims usually include lost wage replacement and medical bill payment.

Veterans Disability for Asbestos Claims

VA disability is a lot like workers’ compensation. It applies if the victim has a service-related disability. 

The Veterans Administration rates disabilities from 0 percent (no troublesome symptoms) to 100 percent (completely disabled, or completely unable to work). In many cases, victims who aren’t 100 percent disabled still receive full disability benefits. These benefits include monthly cash and free medical care at any VA facility.

Many companies that used asbestos declared bankruptcy in the 1980s, as the number of asbestos exposure lawsuits grew. Federal judges allowed these companies to take the easy way out, if they set up victim compensation funds.

Like workers’ compensation and VA disability, VCF claims aren’t technically legal claims. Additionally, there’s no adverse lawyer in a VCF claim. That does not mean these claims are easy to resolve. Fund administrators are very stingy negotiators. That’s why it’s important to speak to an asbestos attorney like AsbestosClaims.Law.