Statute Of Limitations For Pittsburgh Mesothelioma Claims

Companies that negligently expose you to asbestos can be held liable for your damages and illnesses resulting from the exposure, such as mesothelioma or lung cancer. While Pennsylvania law provides recourse for individuals and families harmed by asbestos exposure, different procedural requirements must be met to secure available compensation—for example, the filing deadline for your case.

The knowledgeable attorneys at The Halpern Law Firm are well-versed in the statute of limitations for Pittsburgh mesothelioma claims. We can walk you through the process of filing a claim and maintain the filing deadlines for your case. Contact our firm today to find out how our mesothelioma lawyers can help.

What Is the Statute of Limitations for a Mesothelioma Lawsuit?

The statute of limitations is a deadline that states impose on plaintiffs to initiate their claims. It is possible for different statutes of limitations to apply to different types of claims. For instance, the statute of limitations for a contract dispute may be different than the limitation period for a claim involving property.

In Pittsburgh, mesothelioma claims and the statute of limitations generally fall under personal injury or wrongful death, depending on whether the victim of asbestos exposure is alive at the time of filing. According to Pennsylvania Consolidated Statutes § 5524 (2), for personal injury and wrongful death suits, the patient or their loved ones must file their claim within two years of a diagnosis.

When Does the Statute of Limitations Period Begin?

In most personal injury and wrongful death cases, the statute of limitations begins on the date of the incident that caused injury or death. However, a different standard applies to the filing deadlines for mesothelioma claims because of the latent effects of asbestos exposure. It can take years—even decades—for the harmful effects of asbestos exposure to become known through symptoms and a formal diagnosis.

State law clarifies that the statute of limitations for an asbestos-related personal injury case, such as mesothelioma claims, begins on the date that one of the two  following events occur:

• The date a licensed physician informs the patient that their illness is due to asbestos exposure
• The date when a person knew or reasonably should have known that their illness was from asbestos exposure

Our attorneys and paralegals at The Halpern Law Firm use medical records to confirm a diagnosis. Other communications from a physician can also be helpful in determining the applicable statute of limitations in a case.

What Happens If You Miss the Filing Deadline?

In Pittsburgh, missing the filing deadline for a mesothelioma claim can negatively affect the ability to recover compensation in court and will generally lead to case dismissal. This prevents a court from being able to make a judgment to award financial compensation for damages.

Discuss the Statute of Limitations for Your Case With a Pittsburgh Mesothelioma Attorney

The well-practiced mesothelioma lawyers at The Halpern Law Firm can help you determine the statute of limitations for your Pittsburgh mesothelioma claim. Our team of lawyers and paralegals have decades of experience defending patients in mesothelioma cases. During an initial consultation, we can review the applicable facts and investigate other nuances that may impact this requirement.

Schedule your free initial consultation today by filling out our online form or calling 800-505-6000. We are ready to get to work for you.