What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a lawsuit brought by a victim or their family members, against the company responsible for their exposure to asbestos. Compensation is awarded for a range of damages.
Mesothelioma and other asbestos-related ailments have long latency times, meaning it can take years before symptoms are detected or a diagnosis is confirmed. Asbestos victims often file individual lawsuits rather than class action claims.
Statute of Limitations
Lawsuits must be filed within specific time limits outlined by the statutes of limitation of each state. These deadlines guarantee that crucial evidence is preserved and that witnesses are able to give evidence. They also help ensure that the claim of a victim is not dismissed because of the passage of too much time. The specific time limit for a claim is different for each state and based on the type of case. Personal injury lawsuits, for example, are governed primarily by the date the diagnosis was made. For cases involving wrongful death, the statute of limitations is determined by the date the deceased passed away.
It's important to consult a lawyer immediately in the event that you've been informed that you have an asbestos-related condition. Expert mesothelioma lawyers can look over your medical and employment information to determine if there is a chance that you may have grounds to file a claim. They can also help you in filing the claim with the appropriate jurisdiction, based on the unique circumstances of your situation. Factors such as where you resided or worked, the date and where you were exposed and the location of the companies which exposed you to asbestos could play into the limitation period in your case.
Additionally, it's important to keep in mind that the statute of limitations starts on the date you were first diagnosed with an asbestos-related disease. The statute of limitations does not begin with the initial asbestos exposure since symptoms can take many years to manifest. This is known as the discovery rule.
The discovery rule also applies to cases involving multiple cancers or diseases that are that are caused by asbestos exposure. For example, a person might have been diagnosed with asbestosis and later develop mesothelioma. In most states, mesothelioma diagnosis will trigger a new statute-of-limitations period.
If a victim of mesothelioma dies before the case is settled, the case can be converted into a wrongful-death lawsuit and the victim's estate may continue to pursue compensation. This can help pay for expenses like funeral expenses, medical bills and income loss.
Lastly, some states permit the statute of limitations clock to be paused or tolled in certain circumstances. This typically occurs when a victim is minor or lacks legal capacity. It can occur if the defendant conceals evidence from victim or their family.
Premises Liability
Mesothelioma most often occurs as the result of exposure to asbestos in the workplace, but in some cases exposure to secondhand asbestos is an element. In these cases you could be in a position to file a premises liability lawsuit against the owner of the property on which the incident took place. Premises liability is based on the theory that businesses and homeowners are required to ensure that their premises are safe for visitors. This includes taking steps to fix unsafe conditions or to warn guests of potential dangers.
In addition to landowners, companies that made asbestos lawyer products and those that provided asbestos fiber raw can also be held accountable under premises liability. This could include mines that extracted the material as well as distribution companies that sold it to manufacturers to be used in their products. According to the facts of the case, this could also include retailers that stock asbestos insulation or sell directly to workers.
Typically, a personal injury lawsuit will typically be one of negligence or strict liability. The injured person must have failed to take reasonable precautions to safeguard themselves from harm that was pre-planned. The injured party is relying on the company's guarantee that the product was safe and can be used as intended.
There are many important aspects in determining negligence and strict liability for an asbestos-related claim. A plaintiff, for instance, must prove that defendants were aware of the dangers of asbestos and that the victim’s injury or illness was the direct result of that knowledge. It isn't an easy thing to prove due to the vast amount of information that must be examined in asbestos litigation and the difficulty of proving specific actions that were executed or not performed by the defendant.
In Kesner v. Ford Motor Co., and Haver v. General Electric the court ruled that a landowner cannot have a legal obligation to protect family members from asbestos exposure based on foreseeable harm. This is because the landowner does not have the same degree of control or information that a worker's employer would have regarding the potential dangers from work-related asbestos brought to the home of an employee's clothes.
Product Liability
When an asbestos victim develops a condition such as mesothelioma or asbestosis, the law generally holds defendants liable for their exposure. Mesothelioma suits are frequently brought under the theory products liability. This states that any person who is involved in the "chain" of distribution could be held responsible when an individual is injured by a hazardous product. This includes the manufacturer, suppliers of materials wholesalers and distributors retailers, employers and even landlords, property managers, and owners.
An asbestos personal injury lawyer can assist victims in identifying potential defendants and decide the ones they should mention in a lawsuit. Victims typically name the company or companies they believe exposed them asbestos in various workplaces. This could be a range of insulation companies, manufacturers of asbestos-containing products and construction materials, mining companies and many more.
Many asbestos lawyers-related companies that manufactured and distributed asbestos-containing goods went bankrupt. They were left without the assets or funds needed to pay compensation to victims. In the aftermath, a number of large asbestos trust funds were created to pay claims. A claim filed with an asbestos trust fund is not the same thing as a mesothelioma lawsuit however, it could benefit the victim.
The defendants may be held accountable for asbestos-related personal injury claims under a variety of theories of liability. These include breach of warranty, strict liability and negligence. It is often difficult to prove the causation in mesothelioma cases because the signs of this cancer can take many years to appear. The patient will need to prove that asbestos-containing products they were exposed to caused mesothelioma and not a different cause.
If more than one defendant has been found to be responsible for mesothelioma that has been found in a patient, their attorneys can file an application to divide. This is the method by which a jury or judge decides on the amount each defendant owes the plaintiff.
A mesothelioma lawyer will assess the value of a patient's case in a free consultation. Compensation awarded to victims in these lawsuits can include economic and non-economic damages. Additionally, certain victims may be eligible to receive punitive damages in rare circumstances.
Wrongful Death
People who are exposed to asbestos while at work have a higher chance of developing a condition such as asbestosis mesothelioma, lung cancer or mesothelioma. In the majority of cases, victims are able to determine the location where they were exposed to asbestos through their work record or medical documents. Asbestos exposure can lead to financial compensation for the victims. This can cover medical expenses, lost wages, and pain and discomfort.
People who suffer from asbestos-related illnesses can bring a lawsuit against the companies who exposed them to asbestos. The companies are held accountable for their negligence and are required to pay compensation. Compensation can be used to help families and patients pay for specialized treatment for asbestos-related diseases as well as other financial losses due to mesothelioma and other illnesses.
Mesothelioma patients should speak with an experienced mesothelioma lawyer regarding their rights to compensation. These lawyers can help you determine the potential value of a mesothelioma case through a no-cost mesothelioma case review.
Asbestos lawyers may also file a wrongful-death lawsuit on behalf of loved ones who have died from mesothelioma or a different asbestos-related condition. For wrongful death claims, they must be filed within a certain period of time and vary between states. An attorney can assist the estate representative in filing a mesothelioma wrongful death claim and hold negligent asbestos-related companies responsible for the risk their clients have been exposed to.
Wrongful death damages from an asbestos personal injury suit can assist families in coping and obtain additional damages to offset their financial loss. These damages can include funeral and burial expenses and lost income from the lifetime earnings of the deceased, as well as the emotional pain and distress suffered by family members.
Many asbestos companies that manufactured asbestos-containing goods have declared bankruptcy. As a result, they now manage trust funds that compensate present and future victims of their toxic products. asbestos attorneys lawyers can help clients submit trust fund claims to these bankruptcy-held companies for compensation. They can also file a traditional lawsuit in court against other companies if necessary.