The basic limitation on Mesothelioma claims in USA is the time limit and on an average there is a limitation of 1- 4 years on an average to file the claim. USA is the combination various states and each state is having their defined period of time and claimant has to follow relatively to the state’s parameters.
If you are looking to know about the Mesothelioma statute of limitations in USA then here we are explaining the same in detail. As everyone knows about the two lawsuits of Mesothelioma case in which one is personal injury lawsuit and second one is a wrongful death lawsuit. Hence the statute of limitations varies as per the type of lawsuit.
Limitations on Mesothelioma Claims in Personal Injury Lawsuit:
The day when diagnosis of the disease is confirmed the time period of the claim will get started. In order to get the claim amount one has to ensure to apply for the same in that allotted time period.
SEE ALSO:: How Much Compensation for Mesothelioma?
Limitations on Mesothelioma Claims in Wrongful Death Lawsuits:
The time period for this category is starts with the day when patient dies and his/her dependents are required to take the required action in order to get the insurance compensation without any delay.
Apart from that people are barred to apply the insurance claim in case of asbestos litigation. One should ensure to follow the timeline and get in touch with the qualified Mesothelioma attorney as quickly as possible. Mostly the allotted time period lies between the frame of 1-2 years and one should apply for the claim in that period only.
Factors That Affect the Claim and Leads to the Denial
- Type of claim that is being applied
- The location of patient and family
- Location of company where asbestos got developed in body
- Time period of diagnosis
- Time when diagnosis is identified
- Severity of case