Statute of Limitations – Asbestosis

Your must file within the statutory deadlines. These statuory deadlines vary from state-to-state, so it is urgent that you consult a local asbestos litigation attorney sooner rather then later.

In California, for example, when a person is exposed to asbestos and diagnosed with an asbestos-related disease, the statute of limitations is set as the later of either (1) “within one year after the date the plaintiff first suffered disability;” or (2) “within one year after the date the plaintiff either knew, or . . . should have known, that such disability was caused or contributed to by such exposure.” California defines “disability” as not being able to work your regular job because of an injury caused by the exposure to asbestos.

Unlike many other states, in California , ignorance of the defendant’s identity has no effect on the statute of limitations. (Jolly v. Eli Lilly & Co. (1988) 44 Cal. 3d 1103, 1114.).

If you are the executor of the estate of a person who has died from exposure to asbestos, you may need to file a claim as well and you must comply with the statutory time limits.

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