Case guide

UPDATED FEB 2026

Mesothelioma Statute of Limitations by State

Part of the Asbestos / Mesothelioma investigation

The short answer

Mesothelioma statutes of limitations range from 1 year (Louisiana, Tennessee, Kentucky) to 3 years (Maine, Massachusetts, New Jersey) from the date of diagnosis. In every state, the discovery rule applies — the clock starts at diagnosis, not exposure.

Missing this deadline bars your claim permanently. Contact an attorney immediately after diagnosis.

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State-by-State Mesothelioma SOL Reference

The following represents the general statute of limitations for mesothelioma personal injury claims by state (from date of diagnosis using the discovery rule). One-year states: Louisiana (La. R.S. 9:5628), Tennessee (Tenn. Code § 28-3-104), Kentucky (KRS § 413.140). Two-year states: Alabama, Alaska, Arizona, Arkansas, California (CCP § 340.2 — from diagnosis or death), Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana (for personal injury — 3 years for wrongful death), Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Three-year states: Maine (14 M.R.S. § 752), Massachusetts (G.L. c. 260 § 2A), New Jersey (N.J.S.A. 2A:14-2), Nebraska. Note: These are general guidelines. Specific asbestos disease statutes, tolling provisions, and case-specific facts may alter deadlines. Only an attorney can confirm the applicable deadline for your specific case.

Why SOL Compliance Is Non-Negotiable

Missing the statute of limitations is an absolute bar to recovery — courts dismiss time-barred cases regardless of merit. With a 1- to 3-year window from diagnosis, and given the medical demands of mesothelioma treatment, it is dangerously easy to let deadlines slip. Asbestos trust fund claim deadlines are separate from state court SOLs and must be tracked independently. VA claims have no statute of limitations but delays reduce retroactive benefits. The only way to protect all avenues simultaneously is to engage a mesothelioma attorney immediately — within days of diagnosis — so that all applicable deadlines are identified and managed proactively.

Key data

Data & Statistics

2 SOURCED FIGURES

1-year SOL states (shortest): Louisiana, Tennessee, Kentucky

State civil procedure codes

3-year SOL states (longest): Maine, Massachusetts, New Jersey, Nebraska

State civil procedure codes

FAQ

Frequently Asked Questions

12 QUESTIONS

Mesothelioma is a cancer of the mesothelium — the thin membrane lining the lungs (pleura), abdomen (peritoneum), or heart (pericardium). It is distinct from lung cancer, which originates in the lung tissue itself. Mesothelioma is caused almost exclusively by asbestos exposure and does not arise from smoking. Lung cancer, while also caused by asbestos in some cases, is far more commonly caused by tobacco smoking. Both are compensable through asbestos trust funds and litigation, but mesothelioma claims typically produce higher compensation because the disease is more directly and singularly attributable to asbestos.

Dive deeper

Related Guides

19 GUIDES

The full investigation

Part of the Asbestos / Mesothelioma Investigation