Statute of Limitations for Johnstown Mesothelioma Claims

Mesothelioma is a type of cancer that develops in the chest and lining of the lungs as a result of exposure to asbestos. Although it is rare, mesothelioma can be a particularly aggressive and dangerous disease. When you or a loved one is diagnosed with mesothelioma, you should not have to bear the full cost of doctor’s visits, medications, and other treatments. In some situations, the company or place of work that exposed you to asbestos will be held legally and financially responsible for the resulting illness.

Our experienced team of legal professionals at The Halpern Law Firm can help you navigate the legal, administrative, and logistical complexities involved in filing a lawsuit. In particular, our attorneys can assist you in understanding how the statute of limitations for Johnstown mesothelioma claims could affect your case.

Deadline To File a Mesothelioma Claim

As with all other types of lawsuits, mesothelioma patients in Johnstown must file a claim regarding their illness within a certain time frame. This deadline is known as the statute of limitations. The 42 Pennsylvania Consolidated Statutes § 5524 states that the statute of limitations is two years for a claim based on an illness from exposure to asbestos. If a patient files a lawsuit based on their mesothelioma diagnosis after the two-year deadline, the court will likely dismiss the case, and the patient’s options to recover will be severely limited.

The first symptoms of mesothelioma may not appear until multiple decades after the asbestos exposure. Because of this, the two-year deadline for initiating a mesothelioma claim is measured from the date that the patient was diagnosed with mesothelioma, not from the date they were first exposed to asbestos.

Although two years may seem like a long time, investigating a claim, gathering evidence, and preparing the appropriate legal arguments is a long process; therefore, it is best to speak to an attorney as soon as possible. In Johnstown, Dave Halpern and his team offer free consultations to discuss each victim’s unique mesothelioma claim and the specific filing deadlines.

Exceptions to the Statute of Limitations

The statute of limitations can have harsh effects on a patient’s mesothelioma claim. However, in certain circumstances, there may be exceptions available. For example, in a case known as Abrams v. Pneumo Abex Corp., 602 Pa. 627 (Pa. 2009), Pennsylvania adopted the two-disease rule for claims that stem from asbestos exposure, like mesothelioma lawsuits. This rule recognizes that exposure to asbestos can lead to a variety of medical issues and that the timing of symptoms and diagnoses related to each of those medical issues may not appear at the same time.

For instance, the two-year statute of limitations for a mesothelioma claim does not begin until the patient receives a diagnosis of mesothelioma. This is true regardless of whether the patient was also diagnosed with another medical issue relating to the same asbestos exposure before their mesothelioma diagnosis. Therefore, even if the statute of limitations has expired for one type of issue from asbestos exposure, they still may be able to file a lawsuit and receive compensation for their mesothelioma claim.

The application of this rule and its impact on the statute of limitations can be complicated, but a Johnstown attorney experienced in handling mesothelioma claims could help identify and explain its effects for specific contexts.

Ask a Johnstown Lawyer About the Statute of Limitations for Your Mesothelioma Claim Today

A mesothelioma diagnosis is life-changing. It can be hard to keep track of all the steps you need to take, including filing your claim within the legal deadline. That is where our compassionate and experienced team comes in. We are here to assist with your claim so that you can focus on your health.

Speak with a lawyer at our firm about the statute of limitations for Johnstown mesothelioma claims as soon as possible. Schedule an initial consultation with a skilled legal professional at The Halpern Law Firm today.

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