New Jersey Legislation Proposing to Change Statute of Limitations for Mesothelioma Cases

Posted by

On September 24, 2015, legislation was introduced in New Jersey that would create new Statute of Limitations for civil actions for personal injury and wrongful death caused by mesothelioma.

First, the bill would amend New Jersey statute § 2A:14-2, actions for injury caused by wrongful act, appointment of guardian ad litem.  It would add a subsection stating that an action for damages for damages for personal injury from mesothelioma related to exposure to asbestos may be commenced at any time, and that such action shall be deemed to have accrued at the time of reasonable discovery of the injury and its causal relationship to the exposure of asbestos.

Similarly, the bill would amend New Jersey statute § 2A:31-3, limitations of actions; exceptions.  It would add a subsection stating that a cause of action for death from mesothelioma related to exposure to asbestos does not need to be commenced within two years after the death of the decedent and that such action shall be deemed to have accrued at the time of reasonable discovery of the injury and its causal relationship to the exposure of asbestos.

Read the proposed legislation here.