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Arizona Timing to File an Asbestos Lawsuit

Approximately thirty years ago, the United States Federal and State government and environmental protection agencies created regulations around the handling, use and disposal of asbestos and asbestos containing materials (ACMs).  However, it was many years before that that manufactures, distributors, and sellers of asbestos and ACMs knew of the health hazard exposure presented.  When airborne, asbestos is easily ingested or inhaled and leads to serious health illnesses, such as mesothelioma, asbestosis and lung cancer.  Mesothelioma is the most aggressive and incurable cancer caused by asbestos exposure.

If you or a loved one has been diagnosed with mesothelioma, or a loved one has died of mesothelioma, you have the right to file a mesothelioma lawsuit to recover costs and damages from those that knew of the dangers of asbestos yet failed to provide protection from deadly exposure.  However, as with most kinds of cases, asbestos related lawsuits must be filed within the statute of limitations set forth by each state.

In Arizona , when an individual is exposed to asbestos or asbestos-containing products and diagnosed with an asbestos-related disease, the Arizona statute of limitations is set as two years after the cause of action accrues.  A.R.S. § 12-542 (2010).  The Courts have defined “accrue” as the date the plaintiff knew or should have known that he or she has been injured by the defendant’s conduct.  Anson v. American Motors Corp. (1983) 155 Ariz. 420, 423. 

In other words, the cause of action “accrues” once the plaintiff knows of the asbestos-related injury and the connection between that injury and the defendant’s product.  Mack v. A.H. Robins Co. (D. Ariz. 1983) 573 F. Supp. 149, 154.  If the person exposed to asbestos dies of an asbestos-related disease, then the statute of limitations is set as two years from the date of death.  A.R.S. § 12-542 (2010).

If you or a loved one has been diagnosed with or died from mesothelioma and you would like to have a free case evaluation by an expert mesothelioma lawyer who only specializes in asbestos cases, please fill out the form on our website or call Clapper, Patti, Schweizer and Mason at 1-888-855-9052.