What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit for asbestos is a claim filed by a victim or their family members, against the company responsible for their asbestos exposure. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related diseases are known to have long latency times. This means that it can take a long time before symptoms or diagnoses are recognized. Asbestos sufferers typically file individual lawsuits rather than class action claims.
Statute of Limitations
State statutes of limitation specify specific deadlines for filing lawsuits. These deadlines allow for the preservation of crucial evidence and allow witnesses the opportunity to be heard. They also ensure that the claim of a victim is not dismissed due to the length of time. The statute of limitations differs from state to state and is based on the type of case. Personal injury lawsuits, for example are governed primarily by the date that the diagnosis was made. The cases involving wrongful death are determined by the date the deceased person died.
If you've been diagnosed with an asbestos-related disease, it's important to speak with a lawyer as soon as possible. Professional mesothelioma lawyers are able to look over your medical and employment information to determine if there is a basis for a legal claim. They can also help you in filing the claim with the appropriate jurisdiction in accordance with the specific circumstances of your situation. Factors like the place you work or live, when and where you were exposed to asbestos, and the location and company that exposed you could alter the statute of limitations in your case.
It's important to keep in mind that the statute begins running the moment you are first diagnosed with an illness that is related to asbestos. It doesn't begin from the first exposure, since symptoms often take years to show. This is referred to as the discovery rule.
The discovery rule applies also to situations where exposure to asbestos is associated with multiple diseases or cancers. A person could be diagnosed with asbestosis, and later develop mesothelioma. In most states, a mesothelioma diagnosis will trigger a new time limit for the statute of limitations.
If a mesothelioma sufferer dies before the case is settled, the case can be converted into a wrongful-death lawsuit and the estate of the victim will continue to pursue compensation. This can help alleviate expenses like medical bills, funeral costs and lost income.
Additionally, certain states permit the statute of limitations clock to be paused or tolled in certain instances. This usually happens when a victim is minor or lacks legal capacity. It could also happen when the defendant hides evidence from the plaintiff or their family.
Premises Liability
Mesothelioma most often occurs as an outcome of asbestos exposure in the workplace however in some instances, secondhand exposure is also a factor. In these cases you might be able to file a premises-liability lawsuit against the owner of the premises where the incident occurred. Premises liability is based on the notion that homeowners and business owners have an obligation to ensure their properties are secure for guests. This means fixing unsafe conditions, or warn guests of potential dangers.
In addition to landowners, businesses that produced asbestos-related products as well as those who supplied asbestos fiber raw can also be held liable under premises liability. This includes mining companies that harvest the fiber and distribution companies that supply it to manufacturers to use in their products. Based on the facts of a case it could also include retailers who sold asbestos insulation and those who sold it directly to workers.
Typically, an asbestos personal injury lawsuit is one of negligence or strict liability. The former involves the injured person's failure to take reasonable care to safeguard himself or herself from foreseeable risks of harm. The injured party relies on the assurance of the company that the product was safe and could be used as intended.
There are several important issues in determining the liability of negligence and strict liability in an asbestos claim. For instance, a plaintiff must prove that the defendant knew or should have been aware of the dangers of asbestos and that the victim's injury or illness resulted directly from this knowledge. It isn't an easy thing to prove due to the vast amount of information that has to be examined in asbestos litigation and the difficulty of proving specific actions that were taken or not taken by the defendant.
For instance, in Kesner v. Ford Motor Co. and Haver v. General Electric, the judge ruled that a landowner's duty to safeguard household members from exposure to secondhand asbestos cannot be based solely on the foreseeable risk of harm. This is because a landowner doesn't have the same level or knowledge as an employer about the potential dangers of asbestos brought home by employees on their clothing.
Product Liability
If an asbestos victim develops a condition such as mesothelioma, the law generally holds the defendant company liable for their exposure. Mesothelioma suits are frequently brought under the doctrine of product liability. This means that anyone involved in the "chain" of distribution could be held accountable if a person is injured by a dangerous product. This includes the manufacturer, wholesalers, suppliers of materials distributors, retailers and employers; and even the property owners, managers and landlords.
An asbestos personal injury lawyer can help victims find potential defendants and determine which ones to name in a lawsuit. The victims will usually mention the company or firms they believe exposed them asbestos on various work sites. This could be a range of insulation companies as well as manufacturers and suppliers of asbestos-containing construction materials and products mining companies, and more.
Lancaster asbestos attorneys that manufactured and distributed asbestos-containing products failed, leaving them without the funds and assets needed to pay victims. In the aftermath, a number of large asbestos trust funds were set up to pay claims. A claim filed through asbestos trust fund is not the same thing as a mesothelioma suit however, it could benefit victims.
The defendants can be held accountable for asbestos personal injury claims based on a variety of theories of liability, including breach of warranty, negligence and strict liability. In cases involving mesothelioma, it can be difficult to prove causation because the symptoms of this cancer typically take a long time to develop. The victim will have to prove that the asbestos-containing products they were exposed to caused their mesothelioma, and not a different cause.
If more than one defendant has been found to be the cause of mesothelioma in a victim, their attorneys may file an application to divide. This is a process by which a judge or jury decides on the amount 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 could include economic and non-economic damages. In rare cases victims could also be eligible for punitive damages.
Wrongful Death
Those who have been exposed to asbestos in their work environments are at a higher risk of developing a disease such as mesothelioma, lung cancer or asbestosis. In the majority of cases, victims can determine where they were exposed to asbestos based on their job record or medical documents. Asbestos exposure can lead to financial compensation for the victims. This can cover medical expenses, lost wages as well as pain and discomfort.
People suffering from asbestos-related diseases often sue companies that exposed them to asbestos. These companies are accountable for their negligence and must pay compensation. The compensation can aid patients and their families pay the cost of special treatments for asbestos illnesses and other financial losses caused by mesothelioma and other diseases.
Mesothelioma patients should consult an experienced mesothelioma lawyer regarding their rights to seek compensation. These attorneys can help determine the potential value of a mesothelioma claim in a free mesothelioma lawsuit review.
Asbestos attorneys can also bring a lawsuit for the wrongful death of loved ones who have died due to mesothelioma or a different asbestos-related disease. State-by-state, wrongful death claims must be filed within the specified time frame. An attorney can help the estate representative file a mesothelioma lawsuit for the wrongful death of a loved one and hold negligent asbestos-related businesses accountable for the exposure of their clients.
Wrongful death damages from an asbestos personal injury suit can assist families in coping and obtain additional damages to compensate for their financial losses. These damages could include funeral and burial costs as well as the loss of income from the lifetime earnings of the deceased, as well as the emotional pain and distress suffered by family members.
Many asbestos-related companies who made asbestos-containing products have filed for bankruptcy. These companies are now in charge of trust funds which pay the current and future victims. Asbestos attorneys can help clients to file trust fund claims to compensation from these companies that are in bankruptcy. They may also file a lawsuit in court should they need to against other companies.