Posted on Thursday, November 13th, 2025 at 8:12 pm
Edited by Lawrence K. Holcomb
When someone is diagnosed with mesothelioma or lung cancer caused by asbestos exposure, their first thoughts often center on health and family, not legal deadlines. Unfortunately, every state sets strict time limits that determine how long you have to file a lawsuit or claim. These rules are known as statutes of limitations, and missing them can mean losing your right to seek compensation.
At Wallace Miller, we understand how overwhelming a new diagnosis can be. Our attorneys handle all aspects of asbestos litigation so that clients can focus on treatment and family. This guide explains how filing deadlines work, when the clock starts, and why it’s crucial to speak with an attorney as soon as possible after diagnosis.
Understanding statutes of limitations
The statute of limitations is a law that sets the maximum time after an event when legal action can be taken. For asbestos cases, the event isn’t the exposure itself: it’s the diagnosis or, in some wrongful death cases, the date of death.
Most states allow victims one to three years from diagnosis or death to file a lawsuit, but these deadlines vary widely. That means that a person in Illinois may have a different window to file than someone in Louisiana or Missouri.
At Wallace Miller, our attorneys track these laws nationwide to ensure every case is filed within the correct time frame, no matter where exposure occurred.
Why the time limit starts at diagnosis
Asbestos-related illnesses often take decades to appear. Many clients were exposed in the 1960s, ’70s, or ’80s, but were only recently diagnosed with mesothelioma or lung cancer. If the statute of limitations was set from the date of exposure, nearly every case would be too old to file.
To address this unfairness, courts and legislatures in some states created the “discovery rule.” This rule says that the time limit starts when the disease is discovered, or when it reasonably should have been discovered. In other words, your right to sue typically begins when you first learn or should have known that asbestos exposure caused your illness.
Different deadlines for personal injury and wrongful death
There are two main types of asbestos claims, and each has its own time limit:
- Personal injury claims where the person exposed to asbestos is still alive. These claims are filed by the person diagnosed with an asbestos-related disease. The statute of limitations usually starts on the date of diagnosis.
- Wrongful death claims. These claims are filed by surviving family members when a loved one passes away. The time limit starts on the date of death, even if the person never filed a claim while alive.
Families who lost loved ones to mesothelioma years ago may still be able to pursue claims if they were unaware of the asbestos link at the time. An attorney can help determine whether any exceptions apply.
Why acting quickly matters in asbestos litigation
Even though state laws usually provide one to three years to file, waiting can hurt your case. Here’s why:
- Evidence can disappear. Job sites close, records are destroyed, and witnesses move or pass away.
- Companies may restructure or dissolve. Identifying and serving the right defendants becomes harder over time.
- Medical documentation is stronger early on. Recent diagnostic reports and physician notes provide crucial proof of illness.
At Wallace Miller, we begin gathering evidence immediately after taking on a client by obtaining employment files, identifying product manufacturers, and taking other necessary steps before any information is lost.
Multi-state exposure and jurisdiction issues
Many people exposed to asbestos worked at multiple job sites across different states during their careers. For example, a pipefitter might have worked in Indiana, Wisconsin, and Illinois plants. In such cases, it’s not always obvious which state’s statute of limitations applies.
Our attorneys review the details of each client’s work and exposure history to determine the best jurisdiction for filing. Choosing the right location can make a significant difference in both the timing of a lawsuit and the potential compensation.
What if the deadline for my asbestos lawsuit has passed?
Even if you believe that too much time has passed since diagnosis or another event, don’t assume your case is over. There are exceptions that can extend, or “toll,” the statute of limitations, including:
- Newly discovered evidence. If new medical or occupational evidence connects an illness to asbestos exposure, the clock may reset.
- Delayed diagnosis. If a person was misdiagnosed or unaware that asbestos caused their disease, courts may allow additional time.
- Wrongful death discovery. Families who only later learned that the death of a loved one was asbestos-related may still be eligible to file.
An experienced asbestos attorney can evaluate whether one of these exceptions applies to your situation.
Trust fund deadlines in asbestos cases
In addition to court lawsuits, many clients qualify for asbestos bankruptcy trust fund claims. These trusts, created by bankrupt manufacturers, have their own filing deadlines, separate from state statutes of limitations.
Each trust sets specific requirements for:
- Proof of diagnosis
- Documentation of exposure to that company’s products
- Submission of a claim within a certain number of years from diagnosis or death
At Wallace Miller, we handle both court filings and trust fund claims simultaneously to ensure no deadlines are missed.
The role of your attorney in an asbestos lawsuit
Because each asbestos case can involve multiple exposure sites, product types, and responsible companies, filing deadlines quickly become complex.
Your attorney’s job is to:
- Identify every potential jurisdiction and trust fund.
- Track every applicable filing deadline.
- File claims promptly while continuing to gather supporting evidence.
At Wallace Miller, we maintain detailed systems to ensure that no client’s rights expire because of a missed date.
How we help families facing urgent asbestos filing deadlines
Mesothelioma and asbestos-related lung cancer are aggressive diseases. We understand that many clients want to secure justice and compensation while they are still able to participate in the legal process.
Our firm prioritizes expedited filings for seriously ill clients. In many courts, we can request a fast-track trial date to ensure the case is heard within months rather than years.
Even if a client passes away before the case is resolved, the claim can continue through the estate. Our attorneys work to coordinate all estate filings and ensure families receive the compensation their loved one fought for.
A realistic timeline for asbestos litigation
The asbestos team at Wallace Miller begins working immediately after taking on your case. We know how to move quickly while maintaining the thorough documentation courts require.
Every case is different, but our goal is always the same: to protect your rights, meet every deadline, and maximize your recovery.
Handling filing deadlines in your asbestos case
Filing deadlines in asbestos cases are strict, but they don’t need to be stressful. The key is to act promptly, even if you’re unsure when or where exposure occurred. The attorneys at Wallace Miller handle these details for you so you can focus on your health and family.
Our team has the knowledge, national reach, and resources to ensure that no legal opportunity is missed.
Contact Wallace Miller for your asbestos litigation
If you’ve been diagnosed with mesothelioma or asbestos-related lung cancer, do not wait to find out your rights. Contact Wallace Miller today for a free consultation. We will determine the filing deadlines for your potential case, investigate your exposure history, and protect your claim before it’s too late.
We represent clients nationwide with compassion, dedication, and the experience needed to take on the corporations that caused your illness.