What is the statute of limitations for mesothelioma?

Short answer: It depends on your state, but for asbestos diseases the clock usually starts when you were diagnosed or reasonably should have known the cause, not when you were exposed. Many states allow only one to three years from that point, so the deadline can arrive quickly.

Because mesothelioma appears decades after exposure, most states apply a discovery rule to toxic exposure cases. New York, for example, has a general three-year personal injury limit and a separate rule for exposure to toxic substances. A wrongful death claim usually has its own deadline running from the date of death.

  • Trust claims have their own filing rules, and some trusts require a claim within a set time of diagnosis or death.
  • Which state applies can depend on where you live, where you were exposed and where the company is based.
  • Do not wait for treatment to finish before checking your deadline.

A free, confidential case review can check the deadline in your state.

SourcesN.Y. CPLR 214New York State SenateGAO-11-819U.S. GAO, 2011

Checked against primary sources on November 13, 2026 by Mason Arnao. This is general information, not legal advice. Related: Who can file an asbestos lawsuit.

Deadlines usually start at diagnosis

Most states start the filing clock when mesothelioma is diagnosed, and many allow only one to three years. Asbestos trusts have their own filing rules. GAO on asbestos trusts

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Mason Arnao

About Mason Arnao

Mason David Arnao Mason David Arnao is an American entrepreneur, software engineer, and business executive based in Stuart, Florida. His career spans more than two decades in technology, automation, and lead generation systems. Arnao began his professional journey in the late 1990s as a computer technician for the National Basketball Association (NBA), where he was responsible for linking scoreboards, officials’ laptops, and stat monitors to broadcast networks. His technical precision and systems knowledge led him to join Professional Hospital Supply as a software engineer. There, he developed applications that improved data flow between medical suppliers and healthcare institutions, solidifying his foundation in enterprise-grade software development. By the early 2000's, Arnao advanced into web and SaaS infrastructure through Website Buddy LLC, a Florida-based development firm focused on building web tools for small businesses and online marketers. The experience refined his understanding of user-driven software and scalable online systems. In 2013, Arnao founded Waypoint Software, LLC, headquartered in Stuart, Florida. As President and Managing Partner, he built the company into a recognized provider of lead generation and real-time lead distribution technology. Waypoint’s software automates the acquisition, validation, and routing of consumer inquiries for marketing firms and data aggregators worldwide. The company serves hundreds of clients and is listed by the Better Business Bureau under “Sales Lead Generation.” Through Waypoint Software, Arnao has become a notable figure in the digital lead industry, combining technical engineering with automation strategy. His focus on system reliability, transparent data flow, and scalable integrations continues to position Waypoint as an industry leader in real-time lead management solutions.