Statute of Limitations for Asbestos-Related Cases in California
California has a unique approach to the statute of limitations for asbestos-related personal injuries and wrongful death claims. Generally, you have up to one year to file a claim from when you first became disabled or knew (or reasonably should have known) that your disability or a loved one's death was due to asbestos exposure. Given the complexities around determining what counts as "reasonable diligence," it's critical to consult an attorney as soon as possible. Since the initial consultation is free, there's no reason to delay and risk missing your time window to seek justice.
California Civil Code §340.2: Asbestos-Related Injury and Wrongful Death
(a) Timeframe for Personal Injury Claims
In California, the statute of limitations for asbestos-related personal injury claims is determined by the later of the following two conditions:
Within one year after you first suffered a disability.
Within one year after you knew, or should have known through reasonable diligence, that your disability was caused by asbestos exposure.
Definition of "Disability"
The term "disability" here refers to losing time from work, to the extent that it affects your ability to perform your regular occupation.
(b) Timeframe for Wrongful Death Claims
Similarly, for wrongful death claims linked to asbestos exposure, the action must commence within the later of:
One year from the date of your loved one's death.
One year from the date you first knew, or should have known through reasonable diligence, that the death was caused by asbestos exposure.
Reasonable Diligence
What constitutes "reasonable diligence" is often open to interpretation. Hence, it's important to consult an attorney to gauge the merits of your claim.
Why This Matters
California's statute of limitations is more lenient compared to many other states. It accounts for the fact that you may not immediately know that an injury or death was caused by asbestos. However, the law still imposes a "knew or should have known" standard.
In Summary
Whether it's an injury, illness, or wrongful death caused by asbestos, the statute of limitations vary from state to state and between states and federal courts. Some states follow another state’s statute of limitations, while others do not. It could be as short as one year or potentially much longer, depending on the specifics of your case, and where it can be filed. Given these complexities and the free initial consultation, it's advisable to seek legal guidance without delay.
Special Provisions for Asbestos Cases Involving Elderly or Seriously Ill Plaintiffs in California
California offers unique legal provisions to expedite civil actions involving parties over 70 years old or those facing severe health issues that may compromise their ability to see their case through. If granted, a "motion for preference" will prioritize the case, setting it for trial within 120 days. This provision aims to ensure that justice is served in a timely manner, particularly for those facing life-threatening conditions or advancing age.
California Code of Civil Procedure § 36(a): Special Considerations for Elderly and Ill Parties
(a) Expedited Trial for Those Over 70
If you are over 70 years of age, you can petition the court for expedited proceedings. The court will grant this if:
You have a significant interest in the case.
Your health is such that an expedited trial is necessary to prevent jeopardizing your interest in the litigation.
(a, continued) Preference for Cases Involving Minors
Civil actions involving plaintiffs under 14 years of age can also be expedited. However, these cases are given second priority to those involving parties over 70 years of age.
(b) Filing a Motion for Preference
You can file a motion for preference at any time during the litigation. This motion should be supported by a declaration confirming that all key parties have either been served or appeared in the case.
(c) Cases Involving Severe Health Risks
The court has the discretion to expedite the case if there is clear and convincing medical documentation showing that a party has a life-threatening illness or condition.
(d) Court Discretion for Other Cases
The court also retains the discretion to expedite other types of cases if it is in the interest of justice.
(e) Timeframe for Trial Upon Granting a Motion for Preference
Upon approval, the court will set the trial date within 120 days, and no delays beyond this period are generally allowed, except in specific circumstances like physical disability or a good cause.
(f) Specific Rule for Health Provider Negligence Cases
If the motion for preference is granted in a case alleging professional negligence by a health provider, the trial date will be set between six and nine months from the date the motion is approved.
In summary, California provides options to expedite asbestos cases, especially for those most vulnerable due to age or health. Given these possibilities, it is crucial to consult with an attorney promptly to make the most of these provisions.
These Speedy Trial Provisions may not exist where you now reside.
In summary, California provides options to expedite lawsuits to trial, especially for those over 70 years of age or vulnerable due to age or health. Other states may not. Given these possibilities, it is crucial to promptly consult with an attorney to make the most of how these issues are navigated. Our first goal is to see if we can find grounds to litigate your case in California, where you may qualify for an early trial, where jury verdicts tend to be higher. If the firm can’t accomplish that, plan B is to prosecute your case in the best alternative state or perhaps the best city in your current state. Remember, we work on a contingency fee; we want to see you obtain as much compensation as possible.
Do You Have a Card Like This?
If you or a loved one have or had a Shipyard or Tire Worker card, it's more than a piece of laminated paper; it's a key to understanding your legal rights, especially amid changing statutes of limitations. Don't let an asbestos-related diagnosis catch you unprepared—your card could be a critical reminder, a piece of the puzzle for securing justice and compensation. You may still have viable rights to pursue.