Quarryville, PA asked in Wrongful Death for Pennsylvania

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.

Related Topics:
2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.