What is the statute of limitations for filing an asbestos-related lawsuit?

In West Virginia, the statute of limitations for filing an asbestos-related lawsuit is two years from the date of diagnosis of the asbestos-related injury or illness. Asbestos litigation in West Virginia is governed by the West Virginia Product Liability Act. The two-year statute of limitations applies to all claims of negligence, strict liability, breach of warranty and any other theories that may be used in an asbestos-related lawsuit. The two-year statute of limitations also applies to any claims for damages due to asbestos exposure that occurred before the effective date of the Product Liability Act. The effective date of the Act was July 9, 1991, so any claims for asbestos exposure that occurred before this date must be filed within two years of the date of diagnosis. In some cases, the two-year statute of limitations may be extended if the parties agree to an extension or if a court determines that an extension is justified. It is important to note that any rights to recover damages may be lost if a lawsuit is not filed within the two-year period. It is also important to note that the two-year statute of limitations for asbestos-related lawsuits in West Virginia is much shorter than the statute of limitations in some other jurisdictions. For example, some states have a statute of limitations of up to four or five years from the date of the exposure. Therefore, it is important to consult with a qualified attorney as soon as possible to ensure that your rights are properly protected.

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