Mesothelioma & Asbestos Filing Deadlines by State (All 50 States)
Content reviewed & data verified: March 8, 2026
Key Findings
- Filing deadlines for mesothelioma personal injury claims range from 1 year (California, Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota) from the date of diagnosis.
- The most common deadline is 2 years, applicable in approximately 20 states including Texas, California, and Pennsylvania.
- Most states apply the discovery rule to mesothelioma cases, starting the deadline from the date of diagnosis rather than the date of exposure.
- Wrongful death filing deadlines are separate from personal injury deadlines and may differ by 1–2 years in many states.
- Some states have specific exceptions or tolling provisions for asbestos-related diseases that may extend the standard deadline.
Personal Injury & Wrongful Death Filing Deadlines by State
The table below shows the statute of limitations for mesothelioma and asbestos-related personal injury (PI) and wrongful death (WD) claims in all 50 states and the District of Columbia. All deadlines are measured from the date of diagnosis (under the discovery rule) unless otherwise noted.
| State | PI Deadline | WD Deadline | Discovery Rule | Statute Reference |
|---|---|---|---|---|
| Alabama | 2 years | 2 years | Yes | Ala. Code § 6-2-38 |
| Alaska | 2 years | 2 years | Yes | Alaska Stat. § 09.10.070 |
| Arizona | 2 years | 2 years | Yes | Ariz. Rev. Stat. § 12-542 |
| Arkansas | 3 years | 3 years | Yes | Ark. Code § 16-56-105 |
| California | 1 year | 1 year | Yes | Cal. Civ. Proc. Code § 340.2 |
| Colorado | 2 years | 2 years | Yes | Colo. Rev. Stat. § 13-80-108 |
| Connecticut | 3 years | 2 years | Yes | Conn. Gen. Stat. § 52-577 / § 52-584 |
| Delaware | 2 years | 2 years | Yes | Del. Code tit. 10, § 8119 |
| District of Columbia | 3 years | 2 years | Yes | D.C. Code § 12-301 |
| Florida | 4 years | 2 years | Yes | Fla. Stat. § 95.11 |
| Georgia | 2 years | 2 years | Yes | Ga. Code § 9-3-33 |
| Hawaii | 2 years | 2 years | Yes | Haw. Rev. Stat. § 657-7 |
| Idaho | 2 years | 2 years | Yes | Idaho Code § 5-219 |
| Illinois | 2 years | 2 years | Yes | 735 ILCS 5/13-214.1 |
| Indiana | 2 years | 2 years | Yes | Ind. Code § 34-20-3-1 |
| Iowa | 2 years | 2 years | Yes | Iowa Code § 614.1 |
| Kansas | 2 years | 2 years | Yes | Kan. Stat. § 60-513 |
| Kentucky | 1 year | 1 year | Yes | Ky. Rev. Stat. § 413.140 |
| Louisiana | 1 year | 1 year | Yes | La. Civ. Code art. 3492 |
| Maine | 6 years | 2 years | Yes | Me. Rev. Stat. tit. 14, § 752 |
| Maryland | 3 years | 3 years | Yes | Md. Code, Cts. & Jud. Proc. § 5-108 |
| Massachusetts | 3 years | 3 years | Yes | Mass. Gen. Laws ch. 260, § 2A |
| Michigan | 3 years | 3 years | Yes | Mich. Comp. Laws § 600.5805 |
| Minnesota | 4 years | 3 years | Yes | Minn. Stat. § 541.07 |
| Mississippi | 3 years | 3 years | Yes | Miss. Code § 15-1-49 |
| Missouri | 5 years | 3 years | Yes | Mo. Rev. Stat. § 516.120 |
| Montana | 3 years | 3 years | Yes | Mont. Code § 27-2-204 |
| Nebraska | 4 years | 2 years | Yes | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 years | 2 years | Yes | Nev. Rev. Stat. § 11.190 |
| New Hampshire | 3 years | 3 years | Yes | N.H. Rev. Stat. § 508:4 |
| New Jersey | 2 years | 2 years | Yes | N.J. Stat. § 2A:14-2 |
| New Mexico | 3 years | 3 years | Yes | N.M. Stat. § 37-1-8 |
| New York | 3 years | 2 years | Yes | N.Y. CPLR § 214-c |
| North Carolina | 3 years | 2 years | Yes | N.C. Gen. Stat. § 1-52 |
| North Dakota | 6 years | 2 years | Yes | N.D. Cent. Code § 28-01-16 |
| Ohio | 2 years | 2 years | Yes | Ohio Rev. Code § 2305.10 |
| Oklahoma | 2 years | 2 years | Yes | Okla. Stat. tit. 12, § 95 |
| Oregon | 2 years | 3 years | Yes | Or. Rev. Stat. § 12.110 |
| Pennsylvania | 2 years | 2 years | Yes | 42 Pa. Cons. Stat. § 5524 |
| Rhode Island | 3 years | 3 years | Yes | R.I. Gen. Laws § 9-1-14 |
| South Carolina | 3 years | 3 years | Yes | S.C. Code § 15-3-530 |
| South Dakota | 3 years | 3 years | Yes | S.D. Codified Laws § 15-2-14.2 |
| Tennessee | 1 year | 1 year | Yes | Tenn. Code § 28-3-104 |
| Texas | 2 years | 2 years | Yes | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Utah | 2 years | 2 years | Yes | Utah Code § 78B-2-307 |
| Vermont | 3 years | 2 years | Yes | Vt. Stat. tit. 12, § 512 |
| Virginia | 2 years | 2 years | Yes | Va. Code § 8.01-249 |
| Washington | 3 years | 3 years | Yes | Wash. Rev. Code § 4.16.080 |
| West Virginia | 2 years | 2 years | Yes | W. Va. Code § 55-2-12 |
| Wisconsin | 3 years | 3 years | Yes | Wis. Stat. § 893.54 |
| Wyoming | 4 years | 2 years | Yes | Wyo. Stat. § 1-3-105 |
Source: State statutory codes; judicial precedent interpreting discovery rule for asbestos claims. Data as of: March 2026. Individual case circumstances may affect applicable deadlines.
How the Discovery Rule Works in Mesothelioma Cases
Mesothelioma has a latency period of 20 to 50 years between asbestos exposure and the onset of symptoms. Without the discovery rule, most patients' claims would be time-barred decades before they even knew they were ill.
Under the discovery rule, the statute of limitations begins running from the date the patient was diagnosed with mesothelioma — or the date the patient reasonably should have known about the diagnosis. This is the standard in the vast majority of U.S. jurisdictions.
However, the exact application of the discovery rule varies by state. Some states start the clock on the date of the first medical diagnosis, while others consider the date when the patient was informed of the connection between the diagnosis and asbestos exposure.
States with Shortest Filing Deadlines
Patients in the following states face the most urgent filing timelines and should consult an attorney immediately upon diagnosis:
| State | PI Deadline | Key Note |
|---|---|---|
| California | 1 year | California has a special 1-year statute for asbestos cases under CCP § 340.2, starting from the date of diagnosis. This is shorter than many states — prompt action is important. |
| Kentucky | 1 year | Kentucky has a shorter 1-year statute of limitations. The discovery rule applies, but prompt action is essential. |
| Louisiana | 1 year | Louisiana uses a 1-year prescriptive period (the civil law equivalent of a statute of limitations). The discovery rule applies from the date of diagnosis. |
| Tennessee | 1 year | Tennessee has a shorter 1-year statute of limitations. The discovery rule applies, but prompt action is critical. |
| Alabama | 2 years | Alabama follows the discovery rule. The 2-year clock starts when the plaintiff knew or should have known about the diagnosis. |
| Alaska | 2 years | Alaska applies the discovery rule for asbestos cases. Military installations and oil pipeline construction are common exposure sources. |
| Arizona | 2 years | Arizona uses the discovery rule. Mining operations and power plants are common exposure sources in the state. |
| Colorado | 2 years | Colorado applies the discovery rule. Mining and military installations are common exposure sources. |
| Delaware | 2 years | Delaware applies the discovery rule. Chemical industry and auto manufacturing are common exposure sources. |
| Georgia | 2 years | Georgia follows the discovery rule for asbestos-related injury claims. |
Source: State statutory codes. Data as of: March 2026.
Enter your state and diagnosis date to see your specific filing deadline — and whether the discovery rule applies in your jurisdiction.
Use the Statute of Limitations Calculator →Methodology & Sources
Filing deadline data is compiled from the following sources:
- State statutory codes — Primary source for statute of limitations periods, reviewed for each jurisdiction.
- Judicial precedent — Court rulings interpreting the application of the discovery rule to asbestos-related claims.
- American Bar Association resources — Reference guides for state-by-state filing requirements.
This table is for informational purposes only and does not constitute legal advice. Statutes of limitations are subject to legislative changes and judicial interpretation. Always consult a qualified attorney to determine the specific deadline applicable to your case.
Last verified: March 2026
Frequently Asked Questions
What is the statute of limitations for mesothelioma lawsuits?
The statute of limitations for mesothelioma lawsuits varies by state, typically ranging from 1 to 6 years from the date of diagnosis. Most states follow a "discovery rule," meaning the clock starts when the patient is diagnosed or reasonably should have known about the disease, not when the exposure occurred.
Does the discovery rule apply to mesothelioma cases?
Most states apply the discovery rule to mesothelioma cases, which starts the filing deadline from the date of diagnosis rather than the date of asbestos exposure. This is critical because mesothelioma has a latency period of 20–50 years. However, specific application varies by jurisdiction.
What happens if I miss the statute of limitations deadline?
If the statute of limitations expires before a lawsuit is filed, the court will almost certainly dismiss the case. This makes it essential to consult with an attorney as soon as possible after a mesothelioma diagnosis to preserve all legal options.
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