What is the Statute of Limitations on Mesothelioma Claims in Maryland?

Mesothelioma, a rare but aggressive cancer caused primarily by asbestos exposure, is a devastating diagnosis. When a person is diagnosed, they often face an emotional and physical toll. There are also significant financial challenges due to medical bills and lost income. In such situations, it’s important to understand your legal rights. This is particularly true regarding the statute of limitations for filing a claim in Maryland.

Understanding the Statute of Limitations

The statute of limitations refers to the legal time frame in which you are allowed to file a lawsuit after suffering an injury or harm. Every state has its statute of limitations for personal injury and wrongful death claims, and mesothelioma lawsuits are no exception.

In Maryland, the statute of limitations for filing a mesothelioma claim is generally three years from the date of diagnosis or discovery of the illness. This falls under Maryland’s general personal injury statute of limitations.

However, due to the nature of mesothelioma—an illness that can take decades to develop after initial asbestos exposure. Because of this, Maryland law provides some flexibility. The clock usually starts ticking from the moment the disease is diagnosed, rather than when the asbestos exposure originally occurred.

Wrongful Death Mesothelioma Claims

In cases where a loved one has passed away due to mesothelioma, Maryland law allows surviving family members to file a wrongful death lawsuit. The statute of limitations for wrongful death claims is three years from the date of the individual’s death. This allows family members to seek compensation for:

• Medical expenses
• Funeral costs
• Loss of companionship or financial support that the deceased provided

Exceptions to the Rule

There are a few exceptions and nuances to Maryland’s statute of limitations for mesothelioma claims that can impact the timing of your lawsuit. For example, if the mesothelioma diagnosis occurs after a certain amount of time has passed since the victim’s death, it may affect your ability to file a claim. Additionally, if the company responsible for the asbestos exposure has gone out of business, this can complicate matters.

Maryland’s “discovery rule” may apply if you did not know you were exposed to asbestos. Likewise, if you had no idea it could harm you. Under this rule, the statute of limitations may be extended if it can be proven that the individual was not reasonably aware of their condition or its cause within the original three-year period.

Why Time Matters

Acting within the legal time frame is crucial. If you fail to file your mesothelioma claim before the statute of limitations expires, you will likely lose your right to seek compensation. Mesothelioma cases are complex, involving medical evidence, employment history, and possibly corporate liability for asbestos exposure. The sooner you contact an attorney, the better your chances of building a strong case and securing the compensation you deserve.

If you or a loved one has been diagnosed with mesothelioma, it’s essential to act quickly. Contact Shugarman & Mehring to schedule a consultation and get the guidance you need to navigate your claim.