What is a statute of limitations?
A statute of limitations is a legal deadline for filing a lawsuit. If a claim isn't filed before the deadline, a court can dismiss it — no matter how strong the case is. For mesothelioma and other asbestos diseases, most states give you somewhere between one and three years, although a few allow longer.
Treatment, appointments, and family needs fill up the calendar fast. Many families are surprised to learn how little time they have. Getting a free review early protects your options.
When does the clock start?
Because asbestos diseases take decades to develop, states don't start the clock on the day you were exposed. Instead, most use a discovery rule:
Personal injury claims
Usually start when you were diagnosed, or when you knew or reasonably should have known the illness was related to asbestos.
Wrongful death claims
Usually start on the date of death of the person who had the asbestos disease.
The exact rule depends on the state, and courts interpret them differently. That's why it's important to have an attorney confirm the deadline that applies to you.
Mesothelioma statute of limitations by state
This table shows the general deadlines for asbestos-related personal injury and wrongful death claims. It's a starting point, not legal advice — exceptions, discovery rules, and recent law changes can affect your specific deadline.
| State | Personal injury | Wrongful death |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 3 years | 3 years |
| California | 1 year | 1 year |
| Colorado | 2 years | 2 years |
| Connecticut | 3 years | 2 years |
| Delaware | 2 years | 2 years |
| District of Columbia | 3 years | 2 years |
| Florida | 2 years* | 2 years |
| Georgia | 2 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 2 years* | 2 years* |
| Maine | 6 years | 2 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 3 years | 3 years |
| Minnesota | 2–4 years* | 3 years |
| Mississippi | 3 years | 3 years |
| Missouri | 5 years | 3 years |
| Montana | 3 years | 3 years |
| Nebraska | 4 years | 2 years |
| Nevada | 2 years | 2 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | 3 years | 2 years |
| North Carolina | 3 years | 2 years |
| North Dakota | 6 years | 2 years |
| Ohio | 2 years | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 3 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 3 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 3 years | 3 years |
| Tennessee | 1 year | 1 year |
| Texas | 2 years | 2 years |
| Utah | 3 years | 2 years |
| Vermont | 3 years | 2 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 4 years | 2 years |
* Florida: 2023 legislation shortened many negligence deadlines to 2 years; some product liability claims may still have a longer period. Louisiana: the deadline for most injury claims arising on or after July 1, 2024 is 2 years; older claims may be subject to a 1-year deadline. Minnesota: the deadline depends on the legal theory of the claim.
Table last reviewed October 2026. Laws change — please confirm your deadline with a qualified attorney.
Which state's deadline applies to you?
It isn't always the state where you live now. Depending on the facts, a claim may be filed in the state where you live, where you were exposed, or where a defendant company is based. Each of those states may have a different deadline. An experienced attorney can identify where your case can be filed and which deadline is most favorable.
Deadlines for other types of claims
| Claim type | Deadline |
|---|---|
| Asbestos trust fund claims | Set by each trust. Often tied to diagnosis or death, and may differ from state law. |
| VA disability compensation | No strict filing deadline, but filing sooner can affect the start date of benefits. |
| VA survivor benefits (DIC) | Filing within one year of death may allow benefits from the date of death. |
Why acting now matters
- Evidence, records, and witnesses become harder to find over time
- Your own testimony about where you worked is the most valuable evidence in many cases
- Some trust funds reduce payments over time to stay funded for future claimants
- Courts in many states will fast-track cases for living mesothelioma patients
We'll help you find out — free and confidential. It takes about two minutes.
