Laws and Statue of Limitations in the Different States of the United States

Because asbestos in many forms has been found to cause very serious problems to health, the DEP regulates all removal, collection, disposal, and transportation of ACH or “Asbestos-Containing Material”. DEP does not control the elimination of ACM from residences that are private unless the owners have residents in an apartment with at least five or more units. You need to contact your city, borough or township to find if there are any local regulations.

Dept of Labor and Industry

In Pennsylvania ‘Labor and Industry’ handles all the enforcement of Pennsylvania’s asbestos laws and needs at least 5-days to be notified of an asbestos plan and certification for the following occupations of asbestos:

  • Contractors;
  • Management planner;
  • Inspector;
  • Project designer;
  • Supervisor;
  • Worker.

If you live in Pennsylvania and have a diagnosis of Mesothelioma, you need to contact a Pennsylvania Mesothelioma Attorney.

Mesothelioma in the United States

The United States has historically been a producer and importer of asbestos, the deadly fibrous mineral that causes Mesothelioma. Although the use of asbestos in the United States has declined over the last several decades, it can still be found in many older buildings, products, and materials and because of this cancer’s long latency period, individuals who have exposed as long ago as the 1960s or 1970s are being diagnosed with Mesothelioma today.

US Armed Forces

One of the hardest-hit groups of Americans who have been exposed the most to asbestos are the veterans of the United States Armed Forces. Every branch of the military has had its share of Mesothelioma cases, although the US Navy has produced more diagnoses than the other branches because of the high amounts of asbestos used in naval ships to provide insulation and other products subject to the pressures of friction, heat, and electricity.

Number one for exposures

The number one place that people are exposed to asbestos in the United States is at work. However, asbestos can also be found in many schools, homes, and public buildings, putting Americans, residents, and visitors to the United States at risk of developing Mesothelioma.

  • From 1999-2015, more than 42,500 individuals died from Mesothelioma in the United States (source: CDC);
  • The average Mesothelioma death rate in the United States is 8.3 people per million (source: CDC);
  • The United States has 913 known asbestos mines and naturally occurring deposits (source: USGS);
  • The highest rate of Mesothelioma incidence occurs in the Rust Belt, Mid-Atlantic, and Northwestern states;

Type of Statutes of Limitations

Every state has set its own “statute of limitations” for personal injuries, including asbestos-related conditions. Therefore, there is always a period that a law case can be filed and if that time-frame is surpassed, a victim will lose his or her right to make a claim for remunerations such as:

  • Lost wages;
  • Medical Expenses;
  • Pain and suffering;
  • Loss of consortium;
  • And more.

Since Mesothelioma is a condition with a very poor prognosis, it is common or the surviving relatives to also fail in making a claim, for which there is also a set time limit. Because of this, different statutes have had to be applied.

Statute of Limitations of Personal Injury

A “personal injury law of limitations” begins at the time that those individuals who have recently gotten a Mesothelioma diagnosis has to file a lawsuit. This simply means that the times begins on the date of a diagnosis. This “Statute of Limitations” can be quite small, with states like California and Tennessee, setting it at only one year. Formulating a case for a personal injury involving Mesothelioma case can take up quite a lot of time, and this is the reason it is important that the client needs to seek advice legally immediately after having been diagnosed. With these cases, a physician will advise a patient also about this. However, getting this a diagnosis may come as quite a shock, and this means that patients often have a ton of other things on their minds.

Statue of Limitations for Wrongful Death

There is a 2nd choice and that is filing a wrongful death case, which is vital if the Mesothelioma patient has died, and the relatives do want to file a lawsuit. This “statute of limitations” begins on the day the person with the condition died, and it is a new filing. This means that, if someone has begun a personal injury claim but dies before any outcome, changes will need to be made to this lawsuit

The “statute of limitations” for wrongful death cases is usually the same as that for personal injury. But, this is often a hard time for the family, who are having to deal with the death of a loved one, but it is momentous that they act as quickly as possible.

It is common that relatives of a Mesothelioma patient to not know that the death was triggered by exposure to asbestos. They will need to show proof of many various items, such as previous places and addresses, that can point to exposure. This takes time and time is often in a very small supply.

Which statute of limitations applies

To further confuses the matter, individual needs to know the state where “statute of limitations” applies, which might not necessarily be the state in which client currently reside. Factors manipulating this matter included where the client has lived, both currently as well as in the past and a work history, in order to know exactly where the asbestos exposure occurred, which could even possibly have been on a military base, and where the company that is responsible for the asbestos is located which can be either the place of employment or the manufacture of the asbestos.

There are numerous states where those who have asbestos connected conditions, such as asbestosis, lung cancer, and Mesothelioma can have so-called “immediate trials.” New York City, as an example, has dedicated an asbestos case management judge. This is a judge who has October and April clusters of a trial date, meaning the victims can receive an enhanced date for court. This is especially important for those who are terminally ill.

Every state’s statute of limitations

There is a table on the internet that can show the “statute of limitations” as per state and contingent on if it is wrongful death or personal injury. No exception is made to these limits, it cannot be changed and the rights to make this claim pass after that time.