In every personal injury lawsuit, you have a strict time limit on when you must file the case in court. This is known as the statute of limitations. You do not have unlimited time to seek financial compensation in your asbestos lawsuit. Once the time limit expires, so does your right to obtain a settlement or award for your asbestos disease.
Mesothelioma lawsuits are filed under state law. According to Pennsylvania law, you have two years to file a claim, starting from the date you discovered your asbestos disease (which is usually at the time of diagnosis) or the time you should have known after exercising reasonable diligence, whichever comes first; the statute of limitations does not begin to run at the time that you were exposed to asbestos.
Why Is it Important to Adhere to the Statute of Limitations?
It is important to comply with the statute of limitations for several reasons, including the following:
- Preservation of legal rights: The statute of limitations exists to ensure that legal claims are brought forth in a timely manner. Failing to file a mesothelioma claim within the specified timeframe may result in losing the right to seek compensation.
- Evidentiary issues: As time passes, evidence related to asbestos exposure and the development of mesothelioma may become more challenging to obtain. Witnesses may become unavailable, documents may be lost or destroyed, and memories may fade. Filing within the statute of limitations helps preserve evidence.
- Fairness and efficiency: The legal system seeks to maintain fairness and efficiency. Allowing claims to be filed indefinitely would be impractical and could lead to difficulties in resolving cases. The statute of limitations helps in promoting a more efficient legal process.
- Compensation: Mesothelioma is a serious and fatal disease. Adhering to the statute of limitations ensures that victims or their families can seek compensation, helping them cover medical expenses, lost wages, and other damages.
Individuals diagnosed with mesothelioma or their families need to consult with an attorney as soon as possible. Laws regarding statutes of limitations can vary by state and depend on factors such as when the diagnosis occurred. Seeking legal advice promptly ensures you do not forfeit your right to pursue compensation.
Do Not Delay Contacting an Attorney for Legal Help
It is vital that you contact an attorney as soon as possible after a mesothelioma diagnosis. An experienced attorney can handle all the details of your case with minimal involvement from you. It may take time to get your settlement, so starting the legal process as soon as possible is critical.
Contact Our Experienced Philadelphia Mesothelioma Lawyers at Shein Law for Legal Assistance After an Asbestos Disease Diagnosis
Our Philadelphia mesothelioma lawyers at Shein Law will guide you through the legal process and protect your rights after an asbestos disease diagnosis. You can schedule a consultation by calling us at 877-743-4652 or by contacting us online. We have offices in Philadelphia and Pennsauken, New Jersey, and we serve clients in New Jersey and Pennsylvania.