At the Law Offices of Lee W. Davis, Esquire, P.L.L.C., I have helped clients across West Virginia understand and navigate Filing Deadlines WV Mesothelioma. My role is to make sure the legal process moves forward without delay so clients can focus on their health and families.

When someone is diagnosed with mesothelioma in West Virginia, time is one of the most critical factors in pursuing a claim. Mesothelioma is caused by asbestos exposure, and while companies that used asbestos may have shut down decades ago, the legal window to file a claim—known as the statute of limitations—is still very real. Missing this deadline can prevent victims and their families from recovering compensation.

What Is the Statute of Limitations in WV?

In West Virginia, most mesothelioma and asbestos-related cases must be filed within two years of the date of diagnosis. For families pursuing a wrongful death claim, the two-year deadline usually starts from the date of the victim’s passing.

Because mesothelioma develops decades after exposure, this statute doesn’t begin when the exposure occurred—it begins once the illness is discovered. That distinction is crucial for workers and families exposed in steel mills, power plants, or chemical facilities decades ago.

Why Filing Deadlines WV Mesothelioma Cases Matter

Missing the statute of limitations in WV can mean losing the ability to:

• File a lawsuit against the companies responsible
• Access trust fund compensation still available to asbestos victims
• Pursue settlements to cover medical bills, lost wages, and family support

That’s why it’s important to consult with a mesothelioma lawyer as soon as possible. Acting quickly ensures that evidence such as jobsite records, union files, and witness statements are preserved.

Personal Service for Complex Work Histories

Filing deadlines are just the start. As your attorney, I sit down with clients and personally review their work histories. Whether you worked as a millwright, pipefitter, boilermaker, or in chemical plants, I take the time to reconstruct job details, gather records, and pinpoint exposure sources so you don’t have to worry about the details.

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This personal attention ensures that claims are filed correctly, on time, and with the strongest supporting evidence possible.

FAQs About WV Mesothelioma Filing Deadlines

How long do I have to file a mesothelioma lawsuit in West Virginia?

Generally, you have two years from the date of diagnosis. Wrongful death claims must also be filed within two years of the death.

What if my diagnosis was several years ago?

Exceptions may apply, but it’s important to speak to a lawyer immediately. Even if time has passed, there may still be legal options.

Can I still file a claim if the company that exposed me is out of business?

Yes. Many asbestos companies filed for bankruptcy and created trust funds. These trust fund claims are subject to the same deadlines.

Can families affected by take-home asbestos exposure in WV still file claims?

Yes. West Virginia recognizes claims for take-home asbestos exposure—when workers carried asbestos fibers home on clothing, shoes, or gear, exposing family members. These claims are also subject to strict filing deadlines. Acting quickly ensures your family’s rights are preserved.