Most states give you 1–3 years from diagnosis to file a mesothelioma claim. A few give you longer; most give you less. Missing the deadline means losing the right to sue — even if your case is otherwise strong.
Find your state in the table below. Each link opens the full statute citation and a free case review with an experienced mesothelioma attorney.
Your legal rights have a deadline. Don’t risk missing your window. The sooner you act, the more options remain available.
States with the Shortest Filing Deadlines (1 Year)
Four states give plaintiffs only one year to file an asbestos or mesothelioma lawsuit after diagnosis. If you or a loved one was diagnosed and lives in any of these states, do not delay — the filing window is shorter than most.
- California — 1 year from diagnosis or discovery (Cal. Code Civ. Proc. § 335.1)
- Kentucky — 1 year from discovery (Ky. Rev. Stat. Ann. § 413.080)
- Louisiana — 1 year from diagnosis (La. Civil Code § 3492)
- Tennessee — 1 year from diagnosis or discovery
This is shorter than many states — prompt action is important. Get a free case review now →
Quick Reference: Top 5 States
| State | Personal injury filing deadline | Wrongful death filing deadline | Statute citation |
|---|---|---|---|
| Florida | 4 years from diagnosis (or discovery) | 4 years from death | Fla. Stat. Ann. § 95.011 et seq. |
| Texas | 2 years from diagnosis (or discovery) | 2 years from death | Tex. Civ. Prac. & Rem. Code § 16.001 et seq. |
| New York | 3 years from diagnosis (2 years from when it should have been discovered) | 2 years from death | N.Y. Civ. Prac. Laws & Rules § 201 et seq. |
| Illinois | 2 years from diagnosis | 2 years from death | Illinois Code of Civil Procedure |
| Massachusetts | 3 years from diagnosis (or discovery) | 3 years from death | ALM GL ch. 260 § 2A |
Don’t wait — your filing window is shorter than you think
Most cases have 1–3 years on the clock. Free case review, no obligation. Call 800-793-4540 or fill the form below — answers in minutes, not days.
Find Your State
Click any state to see its full filing deadline, statute citation, and connect with an experienced mesothelioma attorney serving that state.
How Filing Deadlines Work in Mesothelioma Cases
The clock starts at diagnosis (or discovery)
Most states use a “discovery rule” — the statute of limitations clock starts when the disease was diagnosed or when it should reasonably have been discovered, not when the asbestos exposure happened. This matters for mesothelioma because the disease can take 30–50 years to develop after exposure.
Personal injury vs. wrongful death
If the diagnosed person is alive, the deadline is for a personal injury claim — counted from diagnosis. If the person has passed away, families file a wrongful death claim — counted from the date of death (not diagnosis).
Asbestos trust fund claims have separate deadlines
Filing for compensation from asbestos trust funds follows different rules from state-court lawsuits. Each trust has its own filing window, often longer than state SOLs. An attorney can file both in parallel.
Don’t Lose Your Right to File
Statutes of limitations are strict. If your deadline passes, no court can hear your case — even if your claim is strong.
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