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Oregon- Timing to File an Asbestos Related Lawsuit

If you or someone you know has been diagnosed with or passed away from asbestosis, mesothelioma or lung cancer (and has worked around asbestos or asbestos-containing products), an asbestos-related lawsuit must be filed within a set period of time.  This is called a statute of limitations.  Defendants are quick to draw attention to an expired statute of limitations.  If the statute of limitations has expired, your asbestos-related lawsuit may not be able to go forward.  Each state has its own statute of limitations deadline. 

In Oregon , the statute of limitations is set as two years from the date the plaintiff knew or should have known that he or she had an asbestos-related disease and knew or should have known that the disease was caused by exposure to asbestos or asbestos-containing products.  And if the individual diagnosed with the asbestos-related disease passes away due to that asbestos-related disease, the statute of limitations is two years from the date of death.  (ORS § 30.907 (2010). - http://www.leg.state.or.us/09orlaws/sess0400.dir/0485.htm)   As seems to be the rule in a majority of states, in Oregon the plaintiff must have known or should have known the identity of the particular defendant that is responsible for the plaintiff’s exposure to asbestos.  (Adams v. Oregon State Police (1980) 289 Ore. 233.) 

As the statute of limitations is short, a person diagnosed with an asbestos-related disease or an heir to a person who passes away from an asbestos-related disease should quickly contact an attorney to determine if the facts warrant an asbestos-related lawsuit.  Clapper, Patti, Schweizer & Mason is one of only a few law firms that specialize in handling only asbestos related lawsuits.  They have successfully represented hundreds in Oregon and in other states who have been diagnosed with mesothelioma, procuring hundreds of millions of dollars in settlements and jury awards for clients.  For more information or a free case evaluation, please contact the lawyers at Clapper, Patti, Schweizer & Mason.