Time Limit on Claims
The diagnosis of an asbestos disease starts the running of a very strict time period within which claims must be asserted, or they may be lost or barred forever. This is called the statute of limitations, and it differs slightly in New York and New Jersey.

New York
Under New York law, a claim of a person with asbestos disease must be brought within three years of when they first discovered that they had a lung injury. (There are exceptions to this rule NOT covered by this overview.)

Anyone wishing to protect their legal rights should not delay in seeking legal counsel, because even if the statute of limitations is complied with, delays may mean that witnesses can disappear, important documents or records might be lost in the interim, and companies that could have otherwise been held responsible for the injuries could go bankrupt.

Because of the great number of persons in the New York and New Jersey area who were exposed to asbestos products and who have developed asbestos disease, the Courts are handling many cases. Wilentz attorneys in New York and New Jersey have served the Courts on various committees designed to improve the efficiency and speed with which the asbestos cases of our clients can be resolved.

New Jersey
New Jersey law requires that any claims against asbestos suppliers and manufacturers be brought within two years of when a worker knew, or in the exercise of reasonable diligence, should have known, that he or she was suffering from a disease or condition caused by asbestos or dust at work. There is a separate two-year limitation for wrongful death claims, which must be brought within two years of the date of death. There are certain exceptions and qualifications in applying these rules, so anyone diagnosed with an asbestos disease should seek legal advice at once. Because individual circumstances are so important, you should not rely upon this overview in place of in-person legal advice from an attorney.