Statute Of Limitations On Mesothelioma Claims


When considering an application for an asbestos-related illness, such as mesothelioma, you should know that it is possible to do so within certain time limits and if you lose that time, you risk losing your right to compensation. 

The limitation period is a mechanism by which a person or entity will no longer be responsible for the passage of time. 



In principle, the action is dismissed after the expiry of the time-limit, even if the action is classified differently. When it comes to asbestos claims, it is too complicated and unpleasant to understand. 

The simple question you want to know the answer to is "How long do I have to file an asbestos lawsuit?"

The most important thing to know before you panic is that deadlines start to run from the day the asbestos-induced health condition is diagnosed, not from the day you are exposed. 

Claims about asbestos follow the doctrine of the possibilities of discovery. This means that your time limit starts to count when you find out that you have been violated. 

This can occur after the death of the injured party, as an autopsy may be required to make a diagnosis, even if the victim has been treated for an asbestos-related illness because the diagnosis may not have been made. Confirmed.

Diagnosis is the reason for starting the limitation period

A diagnosed asbestos-related health condition usually lasts for at least 10 years from the date of exposure. This is true even in very intense daily activities. 

With this in mind, the normal limitation period from the date of the incident becomes impossible. 

A lawsuit can only be successful if it is determined by two factors. The first is responsibility; An error has been made. In the case of asbestos, people acted on fibers and products when, as a manufacturing company, he knew the products were doing harm. Injury is the second factor required for a successful trial. 

If you cannot prove that it has been or has been damaged, the action will not be upheld. The courts have found that, as a result, limitation periods from the date of exposure to toxic substances such as asbestos are unfair.

The rule of discovery was adopted in Canada and is now part of the statute of limitations in each province or territory or has been clarified by the courts when the law does not specifically address it. 

In all provinces and territories of Canada, the statute of limitations for personal injury claims is 2 years, and an extension is allowed in cases where the injured party is legally incapable and unable to bring a claim.