Q: How possible do you think it would be to change the statue of limitations in regards to Mesothelioma?
I lost my father in 2008 to lung/brain cancer. He was diagnosed in May and passed in August. He was due to retire in June. We have papers from his Oncologist stating the diagnosis of Mesothelioma as a result of working in a shipyard. My father worked at Wiley's Ship Yard in Port Deposit, Md in the 70's and 80's. He then worked at the Aberdeen Proving Grounds which is a US Army facility, for 25 years before getting stricken with this horrible, quickly moving, extremely painful, agonizing death. Having a statue of limitations on this disease, which in most cases takes years to erupt, is absolutely ridiculous. Under the qualifications for families to be compensated for loved ones who have worked in the industries as my father did, my mother would and could definitely use monetary compensation, but little was known about such lawsuits. Finally when we are informed, too many years have passed. Do you think it would be possible to do this and any suggestions would be appreciated.
A:
First, it may not be too late. Contact Ron Motley's law firm in South Carolina for starters--they give free consultations. But the problem is that once your dad was diagnosed with it the clock began ticking, and with all the TV ads about it it's a tough argument to make that no one knew you could bring a suit..
As to legislation to extend the limitations, unlikely as the governrment is controlled by those who think that corporations need to be protected, not held to account.
A: Unfortunately, the statute of limitations for wrongful death lawsuits concerning asbestos exposure is preset and thereby cannot be subjected to any change. In Pennsylvania, you have 2 years to take legal action. The statute of limitations becomes effective starting with the date of death. Therefore, as a time period of over 9 years has elapsed since August 2008, you are no longer eligible for filing a lawsuit on behalf of your father to recover financial compensation.
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