What is the statute of limitations for filing an asbestos-related lawsuit?
In New York, the statute of limitations for filing an asbestos-related lawsuit is usually three years from the date of diagnosis. This means that a person who has been diagnosed with an asbestos-related illness, such as mesothelioma, has three years from the date of their diagnosis to file a lawsuit. However, there is a limited exception to this rule called the "discovery rule" that allows someone to file a lawsuit even after the three-year period has expired. Under the discovery rule, a person may have a longer period of time to file a lawsuit if they did not become aware of the asbestos-related illness within the three-year period. For example, if a person was diagnosed with mesothelioma and the doctor told them that it was due to asbestos exposure, then the three-year period starts from that date. However, if the person was not aware that their illness was due to asbestos exposure, then they may have a longer period of time to file a lawsuit, depending on when they became aware. In some cases, the statute of limitations can be as long as twenty years from the date of first exposure to the asbestos. For example, if a person was exposed to asbestos in a workplace twenty years ago and only recently found out that it caused their illness, then they may still have time to file a lawsuit. It is important for anyone who believes they may have an asbestos-related illness to seek legal advice as soon as possible in order to determine if they have a valid lawsuit and how long they have to file. An experienced attorney will be able to provide guidance and answer any questions.
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