What is an Asbestos Personal Injury Lawsuit?

A personal injury lawsuit for asbestos is a lawsuit brought by a victim, or their family members, against the companies that caused their exposure to asbestos. Compensation is awarded for a range of damages.

Mesothelioma and other asbestos-related diseases have long latency times which means it could take decades before symptoms are recognized or a diagnosis is established. Asbestos patients typically file individual lawsuits rather than class action claims.

Statute of Limitations

Lawsuits are required to be filed within certain time limits outlined by the statutes of limitation of each state. These deadlines allow for the preservation of important evidence and give witnesses the chance to testify. They also ensure that the claim of a victim is not dismissed because of the length of time. The specific time limit for a claim differs by state and is dependent on the nature of the case. Personal injury lawsuits, for instance are governed primarily by the date the diagnosis was made. For cases involving wrongful death, the statute of limitations is determined by the date when the deceased person died.

It's important to consult an attorney right away when you've been told you have an asbestos-related condition. Experienced mesothelioma attorneys can review your medical history and job history to determine if you may have grounds for a legal claim. They can also assist you to make the claim in the most appropriate location in light of your specific situation. Factors such as the place you work or live as well as the time and place you were exposed to asbestos and the place and company that exposed you can alter the statute of limitations in your particular case.

It's also important to keep in mind that the statute begins running when you first get diagnosed with an illness that is related to asbestos. The statute of limitations does not begin with the first asbestos exposure as symptoms may be delayed for a long time before they appear. This is referred to as the discovery rule.

The discovery rule also applies to cases where asbestos exposure is associated with multiple illnesses or cancers. A person could be diagnosed with asbestosis and then develop mesothelioma. In the majority of states, mesothelioma diagnosis will trigger a new statute-of-limitations period.

If a mesothelioma sufferer dies before the case is resolved, it can be converted to a wrongful death lawsuit. The estate of the victim's victim will continue to pursue compensation. This can cover expenses such as funeral costs, medical bills and lost income.

Lastly, some states permit the statute of limitations clock to be stopped or tolled in certain instances. Typically, this occurs when the victim is a child or has no legal capacity. It could also happen if the defendant conceals evidence from the plaintiff or their family.

Premises Liability

While mesothelioma most often is caused through exposure to asbestos at work however, there are instances of exposure to asbestos through the secondhand substance. In these instances, it may be possible to bring a premises liability suit against the property owner where the incident occurred. Premises liability is based on the idea that homeowners and businesses are required to keep their property safe for visitors. This means fixing unsafe conditions, or warn guests of dangers.

In addition to landowners and companies who manufacture asbestos products, those who supply asbestos fiber in its raw form can also be held responsible under premises liability. This could include mining companies that harvest the material and distribution firms that sell it to manufacturers for use in their products. Depending on the facts of a case it could also be retailers who sold asbestos insulation as well as those who sold it to workers directly.

Typically, an asbestos personal injury lawsuit will typically be based on negligence or strict liability. The injured person must have failed to take reasonable precautions to protect themselves from harm that could have been anticipated. The injured party relies on the company's guarantee that the product was safe and could be used as intended.

There are a variety of important issues in determining negligence and the strict liability of asbestos claims. For example the plaintiff must demonstrate that the defendant knew or should have knew that asbestos lawyer was a risk and that the injury or illness suffered by the victim was a direct result of that knowledge. This is difficult to prove, due to the amount of information needed in asbestos litigation. It's also difficult to establish specific actions that were taken or not by the defendant.

For instance, in Kesner v. Ford Motor Co. and Haver v. General Electric, the judge ruled that a landowner's responsibility to protect household members from secondhand exposure to asbestos cannot be based on the risk of harm that is foreseeable. This is because the landowner does not have the same degree of control or understanding that a worker's employer could have about the possible dangers from work-related asbestos brought home by an employee's clothing.

Product Liability

If an asbestos victim develops mesothelioma, or another disease and is diagnosed with a disease, the law makes defendant companies accountable for their exposure. Mesothelioma lawsuits are typically brought under the theory of product liability, which stipulates that if someone is injured by a dangerous product, anyone who is involved in the "chain of distribution" could be held accountable. This includes the manufacturer, wholesalers, suppliers of materials distributors, retailers and employers, as well as property owners, managers, and landlords.

An asbestos personal injury lawyer can assist victims identify potential defendants and determine which ones to mention in a lawsuit. Victims will typically name the company or companies they believe exposed them asbestos on various work sites. This could be a range of insulation companies, suppliers and manufacturers of asbestos-containing construction materials and products mining companies, and so on.

Many asbestos companies that manufactured and distributed asbestos-containing products went under, leaving them without the funds and assets needed to compensate victims. To pay claims, several large asbestos funds were created. A claim filed with an asbestos attorneys trust fund is not the same as a mesothelioma lawsuit, but it can still aid the victim.

The defendants can be held accountable for asbestos-related personal injury claims based upon a variety of theories of liability, such as breach of warranty, negligence and strict liability. It is difficult to prove causation in mesothelioma cases because the signs of this cancer typically take a long time to manifest. The victim will have to prove that asbestos-containing products they were exposed to caused mesothelioma in them, and not another cause.

If more than one defendant has been deemed to be responsible for mesothelioma that has been found in a victim, their attorneys can file an application to apportion. This is the process through which a jury or judge decides how much money each defendant owes the plaintiff.

A mesothelioma lawyer can assess the value of a victim's case in a free consultation. The compensation awarded to victims in these lawsuits may include financial and non-economic damages. In rare instances, victims may also be eligible for punitive damages.

Wrongful Death

Those who are exposed to asbestos in their work have a higher chance of developing a disease like asbestosis, lung cancer or mesothelioma. Most often, asbestos-related victims can determine the place of exposure to asbestos by examining their medical records or job background. Asbestos exposure could result in financial compensation for victims. This could cover medical expenses, lost wages as well as pain and discomfort.

Patients suffering from asbestos-related diseases are often able to sue companies that put them at risk for exposure. These companies are accountable for their negligence and must pay compensation. Compensation can be used to help patients and families to pay for treatment that is specialized for asbestos-related diseases and other financial losses due to mesothelioma or other diseases.

Mesothelioma sufferers should speak with an experienced mesothelioma lawyer regarding their rights to seek compensation. They can assess the potential value in mesothelioma claims by conducting a free analysis of mesothelioma claims.

Asbestos lawyers may also file a wrongful death lawsuit on behalf of loved ones who have passed away from mesothelioma, or any other asbestos-related condition. State-by-state, wrongful-death claims must be filed within the specified time frame. An attorney can assist the estate representative to file a mesothelioma wrongful death claim and hold the negligent asbestos-related companies accountable for their client's exposure.

Injuries resulting from wrongful death in an asbestos personal injury lawsuit can help families cope and also recover additional damages to offset their financial losses. These damages can include funeral and burial expenses and lost income from a deceased's lifetime earnings and emotional and physical pain that family members suffer.

Many of the asbestos companies that produced asbestos-containing products have filed for bankruptcy. These companies are now responsible for trust funds that compensate the victims of the past and the future. Asbestos lawyers are able to help clients submit trust fund claims to these bankrupt companies for compensation. They can also file a traditional lawsuit in court against other businesses in the event of a need.