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

Family · · 254 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?

9 Replies

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.
10 found this helpful
Family
I'm so sorry about your father. Mark's right that you really need to talk to someone qualified soon. The timelines are strict and honestly the difference between 1 and 2 years could matter depending on your specific situation, so don't wait on getting clarification.
Patient
Yeah Angela, I'm gonna be straight with you, you need to talk to someone who knows California law real soon. I'm in Texas so I can't tell you exactly how it works out there, but Mark's right that these deadlines are no joke.

What I will say from my own situation is don't wait around. I got diagnosed late last year and even just getting my records together from all those years working in HVAC. The buildings, the dates, what products we used. It all takes time. Your dad worked at that refinery for 28 years so there's probably alot of documentation you'll need to dig up. The sooner you get a lawyer looking at this, the sooner they can tell you exactly where you stand with the deadline.

One thing that might help when you do talk to someone, try to get together anything you got about his employment. Pay stubs, old W2s, pension stuff, anything that shows when he worked there and what he was doing. Refineries had asbestos all over the place back then, so that part should be clear cut at least.

Don't sit on this tho. Call someone this week if you can.
3 found this helpful
Veteran
Look, I'm not a lawyer but I've been dealing with the VA and all their bureaucratic garbage since my diagnosis so I know how this stuff works. You need to move fast on this, don't wait around like my family almost did.

The one thing I'll tell you is get your documentation together now. Your dad's work records, medical files, anything showing where he was and when. I'm still fighting with the VA over my Camp Lejeune exposure from the late 70s. They want proof of everything and it's a nightmare tracking it all down decades later. Don't let that happen to you. Start gathering that stuff today while you still remember details or can find records.

And yeah, call someone who handles these cases in California. The statute of limitations is real and it's not something you want to mess around with. I filed my VA claim in November and I'm still waiting on decisions, so don't assume anything's gonna move fast through government. Get ahead of it now.
Patient
Man, I'm real sorry about your dad. That's a tough spot to be in.

Here's what I know from talking to some folks. And I ain't a lawyer so take this with a grain of salt. But California's got different rules for wrongful death than regular personal injury cases. The statute of limitations for wrongful death is usually longer, like 2 years from when he passed, not 1 year. So 14 months in, you might still have some time left but you gotta move fast.

The tricky part is the clock started ticking when he died, not when he got diagnosed or when the exposure happened way back. So yeah, you're probably still within the window but not by much. I'd get in touch with someone who handles these cases ASAP. Like this month if you can. Don't wait around.

I didn't do the lawsuit thing either when I was first diagnosed last year, kinda like your dad. Felt like too much hassle at the time. But I'm glad I ended up going that route eventually cause it helps with the medical bills and all that. Wish your family had gone for it while he was around, but it's not too late yet.

California's one of the states that's actually pretty good about this stuff compared to some other places. Just don't sit on it any longer.
Family
Oh Carl, thank you so much for that info... I really appreciate you taking the time to break it down like that. Two years from his passing would put us around September of next year, so you're right, we've still got a little window but not much. I've been meaning to look into this for months and just kept putting it off, which I know sounds like a teacher's excuse but honestly I think I was avoiding it because it felt like reopening everything. My husband Joe keeps saying we owe it to my dad to at least talk to someone who knows the details, and I think he's right. Did you end up going through with anything on your end, or are you still in that decision phase too?
Patient
sorry to hear about your dad. i dealt with some of this stuff myself when i got diagnosed, though i haven't filed yet.

from what i understand california gives you 2 years from when he passed to file a wrongful death claim. that's different from the personal injury deadline which would've been on him while he was alive. so you should still be within the window but don't wait around.

the tricky part is the statute of repose, that's a separate thing that limits how far back you can go, but 28 years at a refinery should be well within that. torrance had alot of industrial stuff.

you really need to talk to someone who handles these cases though. they can tell you exactly where you stand in california and what the clock is. don't rely on what you read online cause every situation's a little different.
Patient
Yeah man, I'd talk to a lawyer about this sooner rather than later. California's got different rules for wrongful death cases and I know the clock's ticking on something like this but I'm not gonna pretend I know all the specifics. What I do know is you got maybe a couple years to file wrongful death stuff but don't quote me on that exact number because it matters which county you're in and some other stuff.

Your dad working at a refinery for 28 years though, that's a solid exposure history. I dealt with asbestos in HVAC ducts for 25 years myself so I get it. The thing is, refineries had that stuff everywhere, insulation, gaskets, all kinds of equipment. So that's gonna be pretty clear cut from a liability standpoint when you do file.

But don't wait around thinking you got time. Get a consultation with someone who handles mesothelioma cases in California. Most of them don't charge upfront and they'll tell you exactly where you stand with the deadline. I've seen people lose cases just because they waited too long and I'd hate for your family to be in that spot. You got this handled?
Veteran
Man, I'm sorry about your father. That's a tough spot to be in and I get the frustration with all the conflicting info out there.

From what I've dealt with on my end, California's statute of limitations for wrongful death from mesothelioma is generally 1 year from the date of death. So if your dad passed 14 months ago, you might be cutting it real close or possibly past the deadline already. But I'm not a lawyer and this stuff varies depending on specific circumstances. You need to talk to someone who specializes in this, and you need to do it now. Don't wait.

What I can tell you is get documentation together. Your dad's work history at that refinery, any medical records from his diagnosis, when he was actually exposed. That all matters. I'm still fighting with the VA over my claim filed in November and it's a nightmare, but the private side should be faster if you get moving.

The other thing is don't assume you're too late just because sites say different things. I've seen people say their claims were dead and they still had options. You owe it to your old man to at least get a straight answer from someone who knows California law inside and out. Most of these folks will give you a free consultation so there's no reason not to call today or tomorrow.

Torrance refinery exposure is documented. They knew about the asbestos. So get moving on this.

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