Statute of Limitations Exceptions: When Does the Clock Start for Asbestos Victims?

The single most important thing to consider in a claim for compensation in an asbestos lawsuit is how the statute of limitations applies. This is the period within which a lawsuit should be filed. However, because diseases like mesothelioma have long periods of latency, courts recognize that there should be exceptions that extend or suspend these legal time limits.

Statute of Limitations Exceptions in Asbestos Litigation

Below are three main exceptions that shape asbestos litigation today.

1. The Discovery Rule Resets the Legal Clock for Diagnoses

The discovery rule is the basis of the asbestos exception to statutes of limitations. Most jurisdictions don’t start the clock at the time of exposure. Instead, the clock starts when the victim realizes, or should have realized, that they are ill. For instance, a construction worker who was exposed to asbestos in the 1980s can develop mesothelioma in 2023. Under the discovery rule, their time frame begins at diagnosis, not first exposure.

However, courts tend to look closely at what constitutes “discovery”. If a patient presented symptoms years prior to diagnosis but did not see a doctor, defendants may contend that the clock began earlier. This gray area is evidence that detailed medical recordkeeping, along with expert testimony, needs to be developed to determine when the disease became known.

2. Wrongful Death vs. Personal Injury Claims

Statutes of limitation vary wildly between wrongful death and personal injury suits. This poses strategic issues for victims and families. In most states, personal injury claims expire 1-3 years after diagnosis, but wrongful death actions begin at death. If a victim passes away five years after the initial diagnosis of mesothelioma, their family may still file a wrongful death claim. This is even if the personal injury statute has expired.

This variation is essential to families in processing bereavement and legal intricacies. However, overlapping deadlines can cause confusion. Jurisdictional variations make it worse, and careful planning must be undertaken to avoid missed deadlines. Legal experts may sometimes advise filing multiple claims to ensure comprehensive coverage. For example, a Chicago mesothelioma lawyer might recommend bringing both cases if the victim is alive but with limited time based on their prognosis, so everything is covered.

3. Tolling for Fraudulent Concealment or Defendant Misconduct

In rare cases, courts “toll” (suspend) the statute of limitations when defendants covered up asbestos dangers or defrauded victims about their exposure. For instance, if a company intentionally exposed workers to asbestos without disclosing it and actively hid the risk, the time may not start until the victim uncovers the fraud.

Pleading fraudulent concealment requires evidence of deliberate misconduct. This can be internal memoranda downplaying asbestos dangers or shredded safety reports. While challenging, successful tolling motions can revive otherwise expired claims, particularly in historic workplace exposure situations. This exception demonstrates the importance of investigative resources in uncovering corporate malfeasance.

Endnote

The statute of limitations on asbestos claims is far from a rigid and strict countdown. Exceptional circumstances like the discovery rule, wrongful death statutes, and tolling for fraud acknowledge the unique challenge of delayed onset illnesses. Success requires keen legal planning, from procuring medical records to subpoenaing company records. For victims and families, knowing these exceptions is the beginning of making their cause of action hold firm in the face of time.