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Washington – Timing to File an Asbestos Related Lawsuit

In Washington, if you or someone you know has been diagnosed with mesothelioma, asbestosis or lung cancer, you can file an asbestos-related lawsuit, although it must be within a certain time.  This time period is referred to as a statute of limitations.  Defendants will most always first look to see whether a statute of limitations has expired.  Your asbestos lawsuit may be barred if the statute of limitations has expired relative to your situation.  Each state has its own statute of limitations deadline.   

The statute of limitations in Washington is three 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.  If the individual diagnosed with the asbestos-related disease passes away due to that asbestos-related disease, the statute of limitations is three years from the date of death. (Rev. Code Wash. (ARCW) § 4.16.080 (2010))  But for the statute of limitations to run as to a particular defendant, the plaintiff must have known or should have known that particular defendant’s identity.  (Orear v. Int'l Paint Co. (1990) 59 Wn. App. 249, 255.)

There are several reasons to contact a mesothelioma attorney as soon as possible to determine whether you should file an asbestos or mesothelioma lawsuit.  One, the statute of limitations is relatively short.  Two, unfortunately most who are diagnosed with mesothelioma are diagnosed in advanced stages and only have only a short survival time.  Getting help during this time period is crucial and can really make a difference on many levels.

Clapper, Patti, Schweizer & Mason have obtained hundreds of millions of dollars in jury awards and settlements for our clients.  We have successfully brought asbestos-related lawsuits for more than 30 years.  To obtain a free case evaluation, please contact the lawyers at Clapper, Patti, Schweizer & Mason.