In Missouri, the statute of limitations for filing a lawsuit regarding mesothelioma is set by state law. This legal timeframe determines how long a person has to initiate a legal action from the date of diagnosis or, in some cases, from the date the individual should have reasonably known about the development of their condition.
For mesothelioma claims, this period is particularly significant due to the lengthy time it takes for symptoms to develop, which can span decades after asbestos exposure. This means that the statute of limitations typically doesn’t start at an instance of exposure. Instead, it starts upon diagnosis or potentially obvious symptom manifestation.
Time limits
The statute of limitations in Missouri for personal injury claims, including those related to mesothelioma, is five years. In cases where mesothelioma has led to the death of someone, the statute of limitations for filing a wrongful death lawsuit in Missouri is three years from the date of death.
Exceptions and considerations
There are sometimes exceptions to those time limits, but this isn’t usually the case. For individuals who were exposed to asbestos in the workplace but worked for a government entity, there might be additional considerations and potentially different time limits for filing a claim.
One consideration in mesothelioma cases is that the symptoms may begin slowly. In some cases, it can take decades after the exposure for the first symptom to become noticeable. By the time an official diagnosis is made, there’s a chance that the cancer will be so advanced that there’s not much time for the person to act.
Because of the rapid advancement of mesothelioma once symptoms manifest, it’s best for a victim to seek compensation quickly. Having a legal representative who understands the unique and complex considerations of these cases is critical. Getting everything moving as soon as possible can help to ensure that a victim has the financial compensation they need to cover critical expenses.