Mesothelioma is a devastating diagnosis, but you may have the right to file a legal claim for compensation. But how long does that right to file last? A strict statute of limitations applies in these types of cases, which generally gives you three years from the date of diagnosis or the death of a loved one in which to file. There may be exceptions that shorten or lengthen this time period, but they are rare. The best thing to do is reach out to an experienced mesothelioma attorney right away when you know you might have a claim.
At Edward O. Moody, P.A., our asbestos injury attorneys know how to handle your case. We help mesothelioma victims hold the responsible party liable for the exposure you suffered. Let us consult on your case and learn how we can help.
What is a Statute of Limitations?
The statute of limitations is the time deadline by which you have to file your claim. For most mesothelioma claims, this begins when your disease is diagnosed. That is different from when you were exposed to the asbestos, as that may have been decades ago.
Arkansas Mesothelioma Filing Deadlines
1. Personal Injury Mesothelioma Claims in Arkansas
A personal injury claim is filed by the person diagnosed with mesothelioma. The statute of limitations is generally three years from the date you were diagnosed with the disease. You can seek compensation for your injuries, as well as both economic and non-economic costs of your disease.
2. Wrongful Death Mesothelioma Claims in Arkansas
If you lose someone you love to mesothelioma, you have three years from the date of their passing to file a wrongful death claim. This date begins on the date they passed away, not on the date of the diagnosis. This can mean that different time deadlines apply for different situations.
Why the Deadline Matters So Much
Mesothelioma statutes of limitations are unforgiving. Once the filing window closes, courts will dismiss the case, even if:
- The asbestos exposure is well-documented
- The diagnosis is clear
- The responsible companies are known
- The victim or family urgently needs compensation
When Does the Clock Start Running?
The statute of limitations for mesothelioma begins at diagnosis or death, not at the time of exposure. For many employees, your exposure occurred 20 to 50 years ago, long before you symptoms appeared.
The clock starts when:
- A doctor formally diagnoses mesothelioma (personal injury claims)
- A loved one passes away from mesothelioma (wrongful death claims)
The clock does not start when:
- The asbestos exposure occurred
- Symptoms first appeared
- The victim first suspected asbestos involvement
This rule protects victims, but it also means the filing window is short once the disease is identified.
Why You Should File a Mesothelioma Claim Quickly
Even if you believe you have plenty of time, acting quickly is very important.
Filing early helps:
- Preserve evidence
- Secure witness testimony
- Document work history
- Access compensation faster
- Avoid disputes over the diagnosis date
- Prevent dismissal due to deadline miscalculations
Mesothelioma cases are complex, and gathering the necessary documentation can take time. Early action ensures the claim is filed before the statute of limitations expires.
What If You Think You Missed the Deadline?
Do not assume you are out of time. Because attorneys can sometimes file in multiple states, and because diagnosis dates can be interpreted differently, you may still have options. Contact an attorney immediately, even if you believe your time deadline may have passed.
File Your Arkansas Mesothelioma Case in Time
The statute of limitations is an important deadline, but one you should stay far away from. As soon as you are diagnosed, or you lose a loved one to mesothelioma, get in touch with a skilled mesothelioma attorney in Arkansas.
Let the dedicated asbestos exposure attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.