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Is it too late to file a mesothelioma lawsuit in California?

Family · · 157 views Expert Answer
My father passed away from mesothelioma 14 months ago. He was exposed to asbestos working at a refinery in Torrance, CA for 28 years. We never filed a lawsuit while he was alive because he didn't want to deal with it.

Is it too late now? I've read about statutes of limitations but the information is confusing. Some sites say 1 year, others say 2 years. We're in California. Is there a deadline for wrongful death claims that's different from personal injury?

1 Reply

Attorney Best Answer
Angela, I'm sorry for your loss. This is a time-sensitive matter, so please consult with an attorney as soon as possible.

In California:
- The statute of limitations for wrongful death claims in asbestos cases is generally 1 year from the date of death.
- However, California has some of the most plaintiff-friendly asbestos laws in the country, and there are circumstances that can affect this timeline.

At 14 months, you may be approaching or past the standard deadline, but:
1. Discovery rules and tolling provisions may apply depending on when you knew or should have known that asbestos caused the death.
2. Different causes of action may have different deadlines.
3. Trust fund claims often have separate, longer filing deadlines.

This is NOT something to handle on your own. Please consult with a mesothelioma attorney immediately — most offer free consultations and work on contingency (no fee unless you recover). Time is critical here.

I want to be clear: this is general information, not legal advice specific to your situation. An attorney who reviews your specific facts can give you a definitive answer.
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