Statute of limitations for mesothelioma claims
A statute of limitations is the deadline for filing a lawsuit. Miss it, and a court can dismiss the case no matter how strong it is. Each state sets its own deadlines, and the rules for when the clock starts matter as much as the number of years.
Last reviewed October 27, 2026 against the sources listed at the end of this page.
In short
- Each state sets its own deadlines. They differ for personal injury and for wrongful death, and they change.
- Many states start the clock when the illness was discovered (the discovery rule), not when the exposure happened decades earlier.
- Wrongful death deadlines often run from the date of death.
- South Carolina: three years for personal injury, from when the person knew or should have known of the claim (S.C. Code 15-3-535), and three years from death for wrongful death (S.C. Code 15-3-530(6)).
- Trust funds, VA, and workers' compensation have their own separate timing rules.
- Confirm every deadline that applies to you with a licensed attorney in your state.
What a statute of limitations is
A statute of limitations is a law that sets how long you have to file a lawsuit. If a case is filed late, the defendant can ask the court to dismiss it. The idea is to keep claims timely, but asbestos disease raises a special problem: the illness appears 20 to 50 years after the exposure. That is why the rules about when the clock starts are so important.
When the clock usually starts
The discovery rule
Many states start the deadline when the injured person discovered, or reasonably should have discovered, the injury and its likely cause. For mesothelioma, that is often around the time of diagnosis. South Carolina follows this approach for personal injury (see below). Some states apply it by statute and others through court decisions, and details vary.
Wrongful death
When a person has died, many states start a separate deadline for the family's wrongful death claim on the date of death. That deadline can be shorter or longer than the personal injury deadline.
Pauses and exceptions
States also have rules that can pause (toll) the deadline in some situations, for example while a person is a minor or legally incapacitated, or while a defendant is outside the state. These rules are narrow and have limits.
Why we do not publish a 50-state table
Deadlines differ by state and by type of claim, courts interpret them, and legislatures change them. A table that is out of date could cost someone a claim. We publish the South Carolina rules below, taken directly from the South Carolina Code, and we plan to add more states one at a time from each state's official code. For any other state, ask a licensed attorney there.
South Carolina
The South Carolina Code of Laws sets these rules (check the current text at the South Carolina Legislature's website, linked below):
| Rule | What it says | Code section |
|---|---|---|
| Personal injury | An action for any injury to the person must be brought within three years. | 15-3-530(5) |
| When the clock starts | Those actions must be commenced within three years after the person knew, or by the exercise of reasonable diligence should have known, that they had a cause of action. | 15-3-535 |
| Wrongful death | Three years, beginning upon the death of the person. | 15-3-530(6) |
| Survival | Claims for injuries to the person survive to the personal representative of someone who has died. | 15-5-90 |
| When a case is "filed" | A civil action is commenced when the summons and complaint are filed with the clerk of court, if actual service is accomplished within 120 days after filing. | 15-3-20(B) |
| Minors and incapacity | Time may be paused for a person who is under 18 or legally incapacitated when the claim accrues, with limits (generally no more than five years, except for minors, and no more than one year after the disability ends). | 15-3-40 |
| Defendant out of state | Time while a defendant is out of the state may not count, in some situations. | 15-3-30 |
| Construction repose | An eight-year outer limit for claims about improvements to real property (15-3-640) does not apply to personal injury or death from exposure over time to a toxic or harmful substance that was not discoverable when it happened. | 15-3-670(C) |
The editor's note in the Code records that the general period was reduced from six to three years in 1988, a reminder that these rules do change.
Other deadlines that are not statutes of limitations
- Asbestos trusts set filing deadlines in their own trust distribution procedures, which GAO describes as the rules each trust uses to review claims.
- VA benefits do not work like a lawsuit deadline, but timing still matters: VA explains that an intent to file can protect an earlier effective date (the date benefits can start) while you gather evidence.
- Workers' compensation systems set their own notice and filing periods by state.
What to do
If you are thinking about a claim, write down the date of diagnosis and, if someone has died, the date of death. A lawyer can then check each deadline that might apply. Our free case review can connect you with a participating firm. There is no obligation, and you choose whether to go further.
Tell us what happened. A lawyer from a participating firm can call you to talk through your options.
Start the free reviewCommon questions
I was exposed 40 years ago. Is it too late?
Not necessarily. In many states, including South Carolina, the clock for personal injury starts when you knew or reasonably should have known you had a claim, which for mesothelioma is often around the time of diagnosis, not the exposure. A lawyer can check the rule in each state that might apply.
My father died of mesothelioma two years ago. Can the family still file?
Possibly. In South Carolina, a wrongful death action must be brought within three years of the death. Other states have different deadlines, some shorter. Talk with a lawyer soon so the deadline can be checked.
Which state's deadline applies to me?
It depends on where the case is filed and that state's rules about which law applies. Exposure, home, and company locations can all matter, and the answer can change the deadline. This is one of the first questions a lawyer will look at.
This page is general information, not legal advice. Laws and deadlines differ by state and change; confirm anything that matters with a licensed attorney in your state. No one can promise how a claim will turn out.
Sources
- S.C. Code Title 15, Chapter 3: limitations of civil actions, including 15-3-20, 15-3-30, 15-3-40, 15-3-530, 15-3-535, 15-3-640, and 15-3-670 (South Carolina Legislature)
- S.C. Code 15-5-90: survival of right of action (South Carolina Legislature)
- S.C. Code 15-51-10 to 15-51-60: wrongful death (South Carolina Legislature)
- How to file a VA disability claim and intent to file (VA.gov)
- GAO-11-819: trust distribution procedures (U.S. Government Accountability Office)