Statutes of Limitations to File a Mesothelioma Claim in North Carolina (2024)

In civil claims, a statute of limitations is the timeframe you have to file a claim for compensation. If you miss this period, you lose your right to recover compensation. If you have been diagnosed with mesothelioma, it’s important to know the statutes of limitations to file a mesothelioma claim in North Carolina. Illnesses related to asbestos exposure operate differently than other types of personal injury claims, and each state has its own unique statute of limitations.

Many employers, manufacturers, and corporations were aware of the hazards of asbestos, yet they continued using the material anyway. An attorney can determine if you qualify for a claim and help you file one in time to meet the statute of limitations that is applicable to your case.

Personal Injury Statute of Limitations in North Carolina

The North Carolina statute of limitations for personal injury claims is three years. In most personal injury cases, this is three years from the date of the accident or injury. However, mesothelioma can have a latency period of up to 60 years. In claims that are aimed at recovering compensation for asbestos-related illnesses, the three-year statute of limitations begins from the date you have a confirmed diagnosis.

Employees, consumers, and many other individuals have been exposed to asbestos. This exposure increases their risk of developing mesothelioma and other illnesses, but only a small percentage of those exposed actually develop these diseases. Only those with a diagnosis have the basis for a claim. You may have a valid claim for asbestos exposure if:

1. You were exposed to significant and/or continual amounts of asbestos from a product, home, or workplace, and this was due to a party’s negligence or occurred while you were employed.
2. You were diagnosed with mesothelioma or another disease that is connected to asbestos exposure.

Many parties may be held liable for negligence or intentional misconduct relating to asbestos exposure, including employers, property owners, landlords, manufacturers, and others.

Wrongful Death Statute of Limitations in North Carolina

In North Carolina, the statute of limitations for wrongful death claims is two years from the date of death. In mesothelioma claims, this timeline is the same for wrongful death claims. Wrongful death claims can be more complicated than personal injury claims, but they can also give surviving family members much-needed benefits. In North Carolina, a wrongful death claim can only be filed by the personal representative of the estate of the decedent.

Other Asbestos-Related Claims and Different Statutes of Limitations

These statutes and laws also apply to other claims involving asbestos-caused illnesses. In addition to mesothelioma, other illnesses that can be caused by asbestos exposure include:

• Asbestosis
• Pleural plaques
• Diffuse pleural thickening
• Pleural effusion
• Lung cancer

There are several reasons why the statute of limitations may be different in some claims. For example:

• If the claim is against a trust fund created by bankrupt asbestos companies
• Class action claims
• Workers’ compensation-only claims
• Claims by veterans with the Department of Veterans Affairs, which have no statute of limitations

If you file in a state other than North Carolina, this can also alter the statute of limitations for filing. In some cases, this may mean that you can still file a claim, even if the statute of limitations has expired for it. Your attorney can help you determine your options for filing, such as if you can file in a different state because of where the company is based or if you meet other requirements for extensions to the statute.

FAQs

Q: What Is the Average Settlement for Mesothelioma Victims?

A: The average settlement for a mesothelioma victim and their family could be anywhere from a hundred thousand dollars to several million dollars. The value of a settlement varies from case to case. Individuals could obtain more compensation by taking the claim to court, but this is not always the right option. Other factors that influence the value of a mesothelioma claim include:

• The economic and noneconomic damages you suffered and can prove
• Your attorney’s experience in mesothelioma cases
• How many parties are at fault
• Whether punitive damages are awarded for reckless disregard

Q: Can Mesothelioma Lie Dormant?

A: Mesothelioma takes years to develop after asbestos exposure, but this is not the same as lying dormant. The latency period of mesothelioma means that it can take between 30 and 60 years to develop and show symptoms after exposure to asbestos.

There are also very rare cases of mesothelioma reaching remission after being diagnosed and treated. With significant treatment, patients with mesothelioma could reach partial or full remission, but treatment is still important in these instances.

Q: Has Anyone Ever Recovered From Mesothelioma?

A: There is no cure for mesothelioma, and no one has fully recovered from it. Treatment can increase an individual’s prognosis and quality of life, and some patients have lived longer than their expected prognosis. Mesothelioma can go into remission, but this is very rare. Remission means that the cancer cells are present but not active, and individuals likely still need treatment. The prognosis for mesothelioma depends on several specific factors about the cell type and location of the tumor.

Q: How Do I Prove My Asbestos Claim?

A: To prove that you were exposed to asbestos, and this resulted in an asbestos-related illness, you may be able to show information such as:

• The medical diagnosis of an illness that is linked to asbestos exposure, such as lung cancer, respiratory illnesses, or mesothelioma
• Medical reports from a surgery that you underwent show asbestos fibers in your lungs
• Employment, housing, or other records showing that you lived in, mined, worked around, or owned a product containing asbestos
• Professional testimony or analysis regarding the medical diagnosis and asbestos exposure

Find an Experienced Mesothelioma Attorney in North Carolina

Filing a mesothelioma claim on time and accurately can be complex, and so can negotiating a claim. When you are sick and actively receiving treatment, it is even harder. Working with an attorney can help with these issues. They can ensure that you meet the statute of limitations for filing and get the most benefits possible in your claim.

It’s crucial that you find an attorney who is skilled and knowledgeable in mesothelioma claims. At Wallace & Graham, P.A., we have decades of experience in mesothelioma and asbestos-related illness claims. Our firm has the resources and team needed to effectively manage your claim. The sooner you contact our office, the sooner we can begin investigating your situation and compiling evidence for your claim.