If you’re considering legal action for asbestos exposure in Georgia, it’s important to understand the time limits, also known as statutes of limitations, that apply to your case. These time limits determine how long you have to file a lawsuit after being diagnosed with an asbestos-related illness, such as mesothelioma or asbestosis.
Statutes of limitations for personal injury claims
In Georgia, the statute of limitations for personal injury claims, including those related to asbestos exposure, is typically two years from the date of diagnosis or the date when the injury could reasonably have been discovered. This means that if you or a loved one is diagnosed with an asbestos-related illness, you generally have two years to file a lawsuit.
If the disease takes years to develop, as mesothelioma often does, the clock starts ticking from the date of diagnosis, not the initial exposure. This rule is particularly important for asbestos cases, as mesothelioma and other related diseases can have long latency periods.
Statutes of limitations for wrongful death claims
If the exposure leads to the death of the person diagnosed with an asbestos-related illness, state law allows the family to file a wrongful death lawsuit. The statute of limitations for wrongful death claims is two years from the date of death. This ensures that surviving family members have a limited window to pursue legal action for the loss.
What happens if the statute of limitations expires?
Once the statute of limitations expires, you lose the right to file a lawsuit in Georgia. This is why it’s important to consult with an attorney as soon as possible after diagnosis. In some cases, there may be exceptions, but these are rare and specific.
Taking action quickly helps protect your rights and ensures you don’t miss out on the opportunity to seek compensation for medical expenses, lost wages, and other damages caused by asbestos exposure.