Timing to File an Asbestos-Related Lawsuit in California

If you or someone you know has been diagnosed with mesothelioma, asbestosis or lung cancer (and has worked around asbestos or asbestos-containing products), there is a set period of time within which an asbestos-related lawsuit may be filed.  This is called a statute of limitations and defendants are quick to point out when a statute of limitations has expired.  If the statute of limitations has expired relative to your situation, your asbestos lawsuit may be barred.  All states have their own statute of limitations deadlines. 

In California, when an individual that was exposed to asbestos and diagnosed with an asbestos-related disease, the statute of limitations is set as the later of either (1) “within one year after the date the plaintiff first suffered disability;” or (2) “within one year after the date the plaintiff either knew, or . . . should have known, that such disability was caused or contributed to by such exposure.”  California defines “disability” as not being able to work your regular job because of an injury caused by the exposure to asbestos.  Unlike many other states, in California , ignorance of the defendant’s identity has no effect on the statute of limitations.  (Jolly v. Eli Lilly & Co. (1988) 44 Cal. 3d 1103, 1114.)

And in California, when an individual that was exposed to asbestos and diagnosed with an asbestos-related disease has passed away, so that the lawsuit would be brought by the decedent’s heirs, the statute of limitations is set as the later of either (1) within one year from the date of the decedent’s death; or (2) within one year from the date the plaintiff knew or should have known that the decedent’s death was caused or contributed to by the exposure to asbestos.  (Cal Code Civ Proc § 340.2 (2010).)

Because the statute of limitations is relatively short, it is strongly suggested that a person diagnosed with an asbestos-related disease or a person who is an heir to a person who passes away from an asbestos-related disease quickly contact an attorney in order to determine if an asbestos-related lawsuit is appropriate.  Clapper, Patti, Schweizer & Mason have successfully brought asbestos-related lawsuits for more than 30 years and have obtained hundreds of millions of dollars in settlements and jury awards for our clients.  Please contact the lawyers at Clapper, Patti, Schweizer & Mason for a free case evaluation.