How Long Do I Have to File a Mesothelioma Case?

Anytime you think you have a case, we suggest you call us at The Segal Law Firm as soon as possible, but when it comes to mesothelioma cases, you have a specific time limit, based on where you are in the stages of the disease.


That time limit is called your statute of limitations. In West Virginia, you have two years from your diagnosis of mesothelioma to file a lawsuit. The day your doctor tells you that you have the disease, the statute clock starts ticking. That means you need to call right away.


Families sometimes come to us after the statute has run. We can’t do anything at that point until mesothelioma actually causes the death of the victim. At that point, we have two years from the date of the death to file a wrongful death lawsuit. I’ve been able to save a few cases over the years this way.


It is much better, however, if we are able to get your case filed within the first two years after diagnosis, because it gives us the opportunity to take a video deposition of the victim, which can be used in a court of law if you are too sick or you have passed. It’s a very effective way to preserve evidence; it allows the jury to meet you, even if you can’t be in the courtroom with your spouse or widow.


At The Segal Law Firm, I have mesothelioma victims and their spouses in my office on a regular basis. I’m experienced with talking to the families and telling them what to expect in the months to come from a legal standpoint. I think this provides some relief. The victims and their families can focus on spending time together and working with the doctors and medical procedures, and I can protect you in the courtroom.


Mesothelioma is a horrible, incurable disease. I want to do everything I can, as soon as I can, to make your journey a little bit easier. Call me at toll free at 855-344-9100.