W&L Team The mesothelioma statute of limitations in New York for personal injury is three years from the date of your diagnosis. This blog provides detailed information on the statute of limitations for filing asbestos claims in New York. Read on to find out how to make sure you file your asbestos lawsuit in time. (1)
Stan was a vehicle restoration mechanic in New York for 30 years. He retired when he suffered a back injury and gave up his car restoration work.
A decade later while living in Florida, Stan developed a really bad flu. After seeing multiple doctors, Stan was diagnosed with mesothelioma.
Stan’s doctor advised him to contact a New York mesothelioma attorney. Stan had developed cancer from breathing in asbestos released from the car products he used during his years of work as a vehicle mechanic.
This blog explains the statute of limitations, exceptions, and importance of timely legal action in New York. Read on to understand the mesothelioma statute of limitations, so your lawsuit can be successful.
Understanding the Statute of Limitations in New York
There is a statute of limitations passed by the legislature setting the maximum time periods during which you can file a lawsuit in New York. After the time period set out in the statute of limitations has run out, no legal action can be brought. This is regardless of whether any cause of action ever existed.
Definition and Importance
When you are harmed, you only have a limited amount of time to file a lawsuit. A statute of limitations means you have to begin legal action by a certain time period. If you don’t, and the time period set out by the statute of limitations has run out, you lose the legal right to sue. (2)
In New York, the mesothelioma statute of limitations for filing a personal injury claim is three years. The beginning of the three years starts with your date of diagnosis. (3)
Key Dates to Remember
You need to have a medical record indicating the date you were diagnosed with mesothelioma, and the dates and details of your work history.
In the case of a wrongful death, a lawsuit brought on behalf of a deceased person’s beneficiaries, other family members have two years to file a claim from the decedent’s death. (4)
How Does New York’s Statute of Limitations Compare to Other States?
New York’s statute of limitations for mesothelioma is comparable to other states’ statute of limitations in this region. For example, the statute of limitations for bringing a personal injury action in New Jersey, Connecticut, and Pennsylvania is two years. For Massachusetts and Delaware, a person has three years to bring a personal injury lawsuit. (5) (6) (7) (8) (9)
Weitz & Luxenberg’s lawyers in the Northeast can handle asbestos exposure cases, including cases involving talcum powder exposure, in all of these states. In fact, because all asbestos diseases can be traced to the known carcinogen, asbestos, the same statute of limitations applies to any cancer originating from asbestos exposure and talcum powder. (10)
Is My Mesothelioma Claim Within the Statute of Limitations?
It depends on the medically determined date of your diagnosis. You need to file your lawsuit within three years of that date. Contact an attorney right away, to avoid the loss of time. (11)
Were you or your loved one diagnosed with mesothelioma? Call us for a free legal consultation.
(917) LAWYERSExceptions and Special Cases
Sometimes there are exceptions that impact the standard statute of limitations calculation.
Discovery Rule
Asbestos exposure generally happens years or decades before someone develops mesothelioma. Because of this, under New York’s “discovery rule,” the time for filing a claim starts running when the plaintiff discovers the injury occurred. (12)
Wrongful Death Claims
In New York, the statute of limitations for wrongful death claims is 2 years. Any family member can file a wrongful death suit on behalf of a deceased individual’s beneficiaries, even a child. (13)
Incapacitated Individuals
In addition, if a victim of mesothelioma is incapacitated or hospitalized, a family member can file a claim.
Can the Statute of Limitations Vary Based on the Defendant’s Status?
Yes, a company could file for bankruptcy and would then need to work through the bankruptcy courts. In some cases, a bankruptcy trust is established and the personal injury claims are channeled to the trust. This takes time. A trustee or trustees are appointed to serve as an administrator of the trust.
Working as they must within the court system, these processes necessarily take time. These proceedings can affect the statute of limitations. In most instances, the defendant filing for bankruptcy will automatically toll the statute of limitations as of that date. (14)
What Does It Mean for a Statute of Limitations to be Tolled?
If a statute of limitations is tolled, this means that the legal clock has stopped temporarily. Litigation takes a pause. For example, if a company involved in asbestos litigation goes bankrupt, claims against it are tolled for a specific period of time. This happens while the court supervises its dissolution or establishment of a bankruptcy trust. (15)
Consequences of Missing the Deadline
Missing a legal deadline can be serious. It can jeopardize your whole legal case. (16)
If you do not file your case within the statute of limitations, the most serious legal repercussion is that your case may be dismissed entirely. You might lose your right to pursue compensation. (17)
The best way to make sure your legal rights are preserved is to file your asbestos claim as soon as possible. (18)
What Steps Should Someone Take if They Think They Might Be Nearing the Deadline?
Contact a mesothelioma attorney immediately to learn about your options.
Do Asbestos Trust Funds Have Different Time Limits?
They can, especially if you are filing a claim with more than one bankruptcy trust. Asbestos trusts arose out of the financial impact from asbestos litigation. So far, asbestos related liability has, at least partially, caused roughly 100 companies to declare bankruptcy. (19)
According to the federal bankruptcy code, during Chapter 11 a company can transfer some assets and asbestos-related liabilities to an asbestos trust. This personal injury trust compensates both present and future claimants. Since 1988, dozens of asbestos trusts were established. Collectively, there is now roughly $37 billion being used to pay claims. (20)
Because different companies may file for bankruptcy at different times, and all companies filing for bankruptcy must go through the court system, multiple trusts may be in different stages of the process. (21)
Can a Claim Be Filed in Another State if the Statute of Limitations Has Expired?
You need to file your claim in the state where your exposure occurred.
What Are My Options if the Statute of Limitations Has Expired?
You may still have a case. If not, your attorney may be able to seek compensation through disability insurance or the U.S. Department of Veterans Affairs.
Next Steps to Take
If you have been diagnosed with mesothelioma:
- Seek legal advice — Consult an experienced mesothelioma attorney immediately.
- Document your case — Gather and preserve medical records, employment history, and other relevant documentation.
- File the claim — First and foremost, contact an experienced asbestos attorney to help you file your claim.
Potential Outcomes
When you file a lawsuit, your case could be settled against a company or multiple companies, and you could receive compensation for mesothelioma. If your case is not settled, your case could go to trial and you could receive compensation through a jury verdict.
Often, another possibility is filing legal claims through an asbestos trust. Once your claim is verified and accepted, the trusts provide financial compensation.
Should I Start the Mesothelioma Lawsuit Process Early?
Yes, the sooner the better. As soon as you are diagnosed with mesothelioma, you need to start your mesothelioma lawsuit process. The statute of limitations dictates that you have a limited time to get the ball rolling. (22)
Starting the mesothelioma lawsuit process early works in your favor when the companies you sue are looking to get your legal case dismissed. When you can say you didn’t hesitate and took action right away to hire an attorney, your lawyer has even more ammunition to fight for your case in court.
If you miss the deadline, you may not be able to sue for compensation. That’s why it’s so important to hire a law firm that has been dealing with mesothelioma lawsuits for nearly four decades, like Weitz & Luxenberg. We have the skill to go up against any defendant, any time. We know the court system and how it works. We know the venues, the judges, and the process. We can guide you every step of the way.
What Are My Options if the Statute of Limitations Passes?
Your options may be limited. Ask your attorney for details. Your specific circumstances matter. Were you living in a different country when your mesothelioma symptoms started? Did you receive your diagnosis while serving in the military? Did you develop another debilitating condition, such as multiple sclerosis, before you were diagnosed with mesothelioma?
An experienced law firm, such as Weitz & Luxenberg, knows how to handle every possible scenario. Hiring us means we can foresee how the legal process may go — often before it even begins. You could be eligible to be compensated through disability programs or the Veterans Administration. A bankruptcy trust may already exist that can respond to your claim. We can help you navigate the complex legal system and discuss your options.
Weitz & Luxenberg
Mesothelioma asbestos legal cases are complex. Hire an attorney with a strong history of winning. Weitz & Luxenberg began our work in the mid-1980s handling asbestos and asbestos-related talcum powder exposure cases. We have won more than $19 billion on behalf of our clients.
Of course, we offer an initial case evaluation at no charge. Call us right away or fill out the form on this page.
