Filing a mesothelioma lawsuit involves state-specific rules that vary significantly. The statute of limitations — the deadline for filing — ranges from 1 year (California, Louisiana) to 5 years (Missouri). Most states use the discovery rule, meaning the clock starts at diagnosis rather than exposure. Choosing the right filing jurisdiction is a key legal strategy decision that experienced mesothelioma attorneys evaluate based on where exposure occurred, where defendants operate, and which courts have favorable asbestos procedures.
Filing in California
Statute of Limitations: 1 year (personal injury), 2 years (wrongful death)
Filing in Texas
Statute of Limitations: 2 years (personal injury), 2 years (wrongful death)
Filing in New York
Statute of Limitations: 3 years (personal injury), 2 years (wrongful death)
Filing in Illinois
Statute of Limitations: 2 years (personal injury), 2 years (wrongful death)
Filing in Florida
Statute of Limitations: 4 years (personal injury), 2 years (wrongful death)
Filing in Pennsylvania
Statute of Limitations: 2 years (personal injury), 2 years (wrongful death)
Filing in Ohio
Statute of Limitations: 2 years (personal injury), 2 years (wrongful death)
Filing in New Jersey
Statute of Limitations: 2 years (personal injury), 2 years (wrongful death)
Filing in Louisiana
Statute of Limitations: 1 year (personal injury), 1 year (wrongful death)
Filing in Michigan
Statute of Limitations: 3 years (personal injury), 3 years (wrongful death)
Filing in Missouri
Statute of Limitations: 5 years (personal injury), 3 years (wrongful death)
Filing in Massachusetts
Statute of Limitations: 3 years (personal injury), 3 years (wrongful death)
Filing in Washington
Statute of Limitations: 3 years (personal injury), 3 years (wrongful death)
Filing in Virginia
Statute of Limitations: 2 years (personal injury), 2 years (wrongful death)