Statute of Limitations in New York
| Claim Type | Deadline | Clock Starts |
|---|---|---|
| Personal Injury | 3 years | Date of diagnosis |
| Wrongful Death | 2 years | Date of death |
Important: Missing the statute of limitations permanently eliminates the right to file a lawsuit. Trust fund claims generally have different (often more lenient) deadlines. Contact an experienced mesothelioma attorney immediately after diagnosis to preserve all your legal options.
Industrial Exposure History
New York State has extensive asbestos exposure from New York City construction (especially Brooklyn Navy Yard, NYC subway construction, World Trade Center construction and cleanup), upstate manufacturing (Eastman Kodak, General Electric), and port operations. New York is one of the most active asbestos litigation jurisdictions in the country.
Key Courts for Mesothelioma Cases
- New York County Supreme Court (Manhattan)
- Kings County Supreme Court (Brooklyn)
- Queens County Supreme Court
Filing Considerations
NYCAL (New York City Asbestos Litigation) in Manhattan is one of the busiest asbestos dockets in the nation, with specialized procedures and experienced judges. Cases are typically consolidated for efficiency.
How to File a Mesothelioma Lawsuit in New York
- Confirm your diagnosis: Obtain confirmed mesothelioma diagnosis with pathology report from a qualified physician. If diagnosed at a general oncology practice, consider a second opinion at a specialized mesothelioma center.
- Document your exposure history: Gather work records, union documents, military service records, and any evidence of asbestos exposure. Make notes of products, employers, and job sites where exposure may have occurred.
- Check the New York statute of limitations: In New York, you have 3 years from diagnosis for personal injury claims. Wrongful death claims have 2 years from date of death. Missing these deadlines permanently ends your right to file.
- Consult an experienced mesothelioma attorney: Free consultations are standard. Mesothelioma attorneys work on contingency — no fees unless you recover compensation. An experienced attorney identifies all eligible claims including trust funds and lawsuits.
- File claims and pursue compensation: Your attorney files the lawsuit in the appropriate New York court and simultaneously pursues asbestos trust fund claims. VA benefits can be pursued in parallel for veterans.