Every state has its own set of statutes of limitations for
personal injury claims that will stop an injury claim being filed or upheld by the court once
that statute expires. The statutes apply to any sort of injury claim,
including those filed for asbestos exposure and mesothelioma claims. In
Pennsylvania, there is a
two-year statute of limitations on claims for personal injuries,
product liability, and
wrongful death, all of which may come up in an asbestos exposure claim.
Marking the Cause of Action Date
A statute of limitations begins on the first date that would give the plaintiff
cause of action, or a reason to file a lawsuit against an offender or
liable party. For most cases, the cause of action date is the same day
the injury occurs. In a
car accident claim, for example, the statute of limitations would start the day of the collision,
given that all of the plaintiff’s injuries were obviously caused
by that crash.
The cause of action date does
not mean when the injury or illness began, though. It actually means when
the injured party became aware of the injury, or should have become aware
of the injury if they had been acting reasonably. A car crash victim should
reasonably notice a bone fracture that same day, but someone who has been
exposed to asbestos and developed mesothelioma or another health complication
is not likely to know right away.
For this reason, most asbestos exposure claims have a two-year statute
of limitations that begins upon an initial diagnosis of mesothelioma and
other asbestos-linked illnesses. However, even this might not be the case.
Some people are diagnosed but do not yet have an obvious reason to believe
the liable party is the root cause of the asbestos exposure. In such cases,
the statute of limitations arguably begins when the correlation becomes
clear enough to take legal action.
Need to File an Asbestos Claim? Start by Calling 215.278.4449
Golomb & Honik, P.C. is a trusted personal injury and class action
law firm in Philadelphia that has collected
more than $2 billion in
verdicts and settlements for clients through
class actions and individual cases. If you or a loved one has been diagnosed with mesothelioma,
contact our team today to explore your legal options. If we can determine a link between
your illness and exposure to asbestos caused by a third party, we may
be able to collect sizeable compensation from them on your behalf.
Initial consultations are free at Golomb & Honik, P.C. Schedule yours now.