Asbestos Statute of Limitations | Deadline to File Asbestos Claims

Statute of Limitations on Asbestos Claims

If you’re interested in filing a legal claim for an asbestos-related illness like lung cancer, you’ll need to do so within the statute of limitations. The statutes of limitations are a legal deadline to file, and you’ll typically only have a few years to do so. Our legal partners may be able to help you file within the deadlines that apply to your case.

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Written and Fact-Checked by: Lung Cancer Group

Last updated: April 6, 2026

Top Topics:

Statutes By State
Factors Affecting Statutes
Options for Expired Statutes
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What Is the Statute of Limitations on Asbestos Claims?

Statutes of limitations determine the amount of time you have to file a lawsuit after an illness, injury, or death.

The statutes of limitations for asbestos claims generally range from 1 to 6 years, but they vary by state and the type of claim filed. If the statute of limitations expires in your case, you won’t be able to file an asbestos lawsuit to pursue compensation.

If you have been diagnosed with an asbestos-related disease such as lung cancer, consult a lawyer as soon as possible to file a claim. Top attorneys understand the statutes of limitations in each state and can help you file a case before time runs out.

Connect with top asbestos lung cancer attorneys now with a free case review.

Lung Cancer & Mesothelioma Statutes of Limitations by State

Asbestos claim statutes of limitations may be subject to change as laws are updated. An attorney experienced in asbestos claims can give you accurate information.

Here is a list of statute of limitations on asbestos claims by state:

Alabama: 2 years
Alaska: 2 years
Arizona: 2 years
Arkansas: 3 years
California: 2 years
Colorado: 2 years
Connecticut: 3 years
Delaware: 2 years
Florida: 4 years
Georgia: 2 years
Hawaii: 2 years
Idaho: 2 years
Illinois: 2 years
Indiana: 2 years
Iowa: 2 years
Kansas: 2 years
Kentucky: 1 year
Louisiana: 1 year
Maine: 6 years
Maryland: 3 years
Massachusetts: 3 years
Michigan: 3 years
Minnesota: 4 years
Mississippi: 3 years
Missouri: 5 years
Montana: 3 years
Nebraska: 4 years
Nevada: 2 years
New Hampshire: 3 years
New Jersey: 2 years
New Mexico: 3 years
New York: 3 years
North Carolina: 3 years
North Dakota: 6 years
Ohio: 2 years
Oklahoma: 2 years
Oregon: 2 years
Pennsylvania: 3 years
Rhode Island: 3 years
South Carolina: 3 years
South Dakota: 3 years
Tennessee: 1 year
Texas: 2 years
Utah: 4 years
Vermont: 3 years
Virginia: 2 years
Washington: 3 years
Washington, DC: 3 years
West Virginia: 2 years
Wisconsin: 3 years
Wyoming: 4 years

Personal Injury vs. Wrongful Death Asbestos Statutes

You can file either a personal injury lawsuit or a wrongful death lawsuit for an asbestos-related disease like lung cancer. The asbestos statutes of limitations for these claims are sometimes different depending on the state.

Here’s what to know about statutes of limitations on asbestos claims for:

Personal injury lung cancer lawsuits: The asbestos claims limitations start from the date someone knew or should have known that their illness was connected to asbestos, which is usually at diagnosis. This is known as the discovery rule.
Wrongful death lung cancer lawsuits: These typically start from the date the victim passed away. Family members, loved ones, or an estate representative can file wrongful death claims.

Top lung cancer attorneys can determine the asbestos statute of limitations for either type of case and help you seek financial settlements.

Factors Affecting the Mesothelioma Statute of Limitations

Besides state law and the type of claim you file, statutes of limitations on asbestos claims can vary by factors unique to your situation.

Factors that impact statutes of limitations on asbestos claims include:

Age and mental capacity: In some states, the statute of limitations may be extended for minors or those who are mentally incapacitated. It’s possible, though rare, for minors to develop asbestos-related diseases.
Date of diagnosis: It’s important to understand that your date of diagnosis is what starts the statute of limitations. Asbestos-related lung cancer and other diseases can take 10-50 years or more to develop following exposure. However, the date of your exposure does not start the clock.
The state: You may qualify to file a claim in different states, including the state where you currently live and the state(s) in which you were exposed to asbestos. This gives you more options. If the statute has passed in one state, you may still have time in another.

We can help see which factors may impact the asbestos or mesothelioma lawsuit statutes of limitations in your case. Call (877) 446-5767 now to get started.

Options If the Asbestos Statute of Limitations Expires

If the statute of limitations for an asbestos claim has expired, don’t give up hope. There still may be ways to recover compensation for lung cancer or other asbestos-related diseases.

Two notable options that have different timelines include:

Asbestos trust funds: These contain over $30 billion and set their own filing deadlines.
VA benefits: Veterans who have cancer related to military asbestos exposure may qualify for benefits like $4,158.17 a month. There’s no deadline to file.

There may also be options even if you think the asbestos statute of limitations period has expired in your case. For more information, speak with a skilled lung cancer lawyer. Get started with a free case review.

Help Understanding Statutes of Limitations on Asbestos Claims

If you or a loved one has been diagnosed with lung cancer or another disease linked to asbestos, act quickly and file a claim before it’s too late.

Doing so is crucial to getting your claim in before the asbestos statute of limitations runs out in your case.

By filing within the statute of limitations, you can seek money for:

Lost wages
Medical expenses
Pain and suffering
Other bills

Don’t hesitate: Seek help from top asbestos lawyers who can guide you through the asbestos litigation process and ensure that your claim is filed in time. Call (877) 446-5767 or get a free case evaluation now to start the process.

Statutes of Limitations on Asbestos Claims FAQs

What is the time limit for asbestos claims?

The time limit to file asbestos claims is known as the statute of limitations. It ranges from 1 to 6 years depending on the state, with most setting it at 2 to 3 years from the date of diagnosis or death.

If the asbestos claims limitation period passes in your case, you may lose your legal right to pursue compensation.

What are your options if you're past the asbestos statute of limitations?

You may still have options to seek compensation if the asbestos statute of limitations has passed in your case. For example, it may be possible to file an asbestos trust fund claim since trusts set their own statutes.

Our asbestos attorneys can advise you on your options if the statute of limitations has run out. Get a free case review now.

What is the statute of limitations on filing for mesothelioma?

As in other asbestos-related cases, the statute of limitations on mesothelioma claims ranges from 1 to 6 years. In most states, though, you’ll only have around 2 or 3 years after first being diagnosed.

However, each specific situation is unique, and mesothelioma claim time limits can be complicated to understand on your own.

What is the statute of limitations for asbestos exposure?

If you got sick following asbestos exposure, you’ll have anywhere from 1 to 6 years to file depending on the state you live in, where the exposure occurred, and other factors.

You won’t be able to claim compensation if you were only exposed to asbestos. You need to be diagnosed with an illness linked to your exposure, such as lung cancer, mesothelioma, asbestosis, or more.

To learn more about your potential lung cancer or mesothelioma claims time limit, call (877) 446-5767 now.

Do asbestos trust funds follow statutes of limitations?

Trust funds do not follow the same statutes of limitations for asbestos claims as outlined by state laws. Rather, the trusts set their own deadlines to file claims.

An experienced lung cancer law firm can give you a better idea of how long you have to file claims depending on which trusts you qualify for.