What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a claim filed by a victim, or their family members, against the companies responsible for their exposure to asbestos. 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 years before symptoms or diagnoses are recognized. Asbestos sufferers typically make individual lawsuits rather than group action claims.
Statute of Limitations
The lawsuit are required to be filed within certain deadlines set by state statutes of limitations. These deadlines ensure that crucial evidence is preserved and that witnesses have the opportunity to testify. These deadlines also ensure that a victim's claim isn't dismissed because of the length of time. The exact statute of limitations varies by state and depends on the nature of the case. For instance personal injury lawsuits are usually controlled by the date of diagnosis while wrongful death cases are controlled by the date of deceased's death.
It's important to consult a lawyer immediately when you've been told you have an asbestos-related disease. Professional mesothelioma lawyers will review your medical history and job information to determine if there is a chance that you're eligible to file a claim. They can also help you submit your claim to the most appropriate location in light of your specific situation. Factors like where you live or work in, the time and location you were exposed to asbestos and the place and company that exposed you could influence the statute of limitations in your particular case.
It's important to bear in mind that the statute begins running the moment you are first diagnosed with an illness that is related to asbestos. The statute of limitations doesn't begin with the first asbestos exposure since symptoms can be delayed for a long time before they appear. This is known as the discovery rule.
The discovery rule applies also to situations where exposure to asbestos is associated with multiple diseases or cancers. For instance, a person might be diagnosed with asbestosis, but later develop mesothelioma. In the majority of states, a mesothelioma diagnosis would trigger a new time limit for the statute of limitations.
If a victim of mesothelioma dies before the case is settled, the case could be transformed into a wrongful death lawsuit and the estate of the victim can continue to pursue compensation. This could help with costs such as funeral costs, medical bills and lost income.
Lastly, some states allow the statute of limitations clock to be stopped or tolled in certain circumstances. This is typically the case when the victim is minor or lacks legal capacity. It could also happen if the defendant conceals evidence from the plaintiff or their family.
Premises Liability
While mesothelioma is most often caused by occupational exposure to asbestos, some cases involve exposure to asbestos through the secondhand substance. In these cases you could be legally able to file a premises-liability lawsuit against the owner of the property where the incident took place. Premises liability is founded on the notion that homeowners and business owners have an obligation to ensure their properties are safe for guests. This means fixing unsafe conditions or to warn guests of hazards.
In addition to landowners, companies that produced asbestos-related products as well as those that supplied raw asbestos fiber can also be held accountable under premises liability. This could include mining companies that harvest the material and distribution companies that sell it to manufacturers for use in their products. According to the facts of the case this could also apply to retailers who sell asbestos insulation or those who sell directly to workers.
A personal asbestos lawsuit for injury is usually based on negligence or strict liability. The person who suffered the injury must have failed to take reasonable steps to protect themselves from harm that was foreseeable. The person who is injured relies on the assurance of the company that the product was safe and could be used in the manner intended.
In establishing strict liability and negligence in an asbestos case there are a number of key issues to be considered. For example the plaintiff must demonstrate that the defendant was aware or should have known that asbestos was dangerous and that the victim's illness or injury was the direct result of this knowledge. It isn't an easy thing to prove due to the vast amount of information that has to be considered in asbestos litigation and the difficulty of the proof of specific actions taken or not taken by the defendant.
In Kesner v. Ford Motor Co. and Haver v. General Electric the court ruled that a landowner cannot be held responsible for protecting family members from exposure to asbestos in the event of foreseeable harm. This is because a landowner doesn't have the same level of understanding as an employer regarding the potential dangers of asbestos brought home by employees on their clothing.
Product Liability
When an asbestos victim develops mesothelioma or another disease it is the law that holds the defendant company accountable for their exposure. Mesothelioma lawsuits are usually brought under the theory of product liability, which states that if someone is injured due to an unreasonable risk product, everyone involved in the "chain of distribution" could be held accountable. This includes the manufacturer, the material suppliers wholesalers and distributors retailers, employers as well as landlords, property managers and owners.
An asbestos personal injury lawyer can assist victims identify potential defendants and decide which ones to mention in a lawsuit. The victims usually mention the company that they believe exposed them to asbestos on various job locations. This could include multiple different insulation companies as well as manufacturers of asbestos-containing products and mining companies, construction materials and more.
Many asbestos companies that produced and distributed asbestos-containing goods ended up in bankruptcy. They were left without assets or funds necessary to pay victims. To pay for claims, several large asbestos funds were created. While submitting a claim to an asbestos trust fund is not the same as filing a mesothelioma suit, it is still beneficial to a victim.
Defendants could be held liable for asbestos personal injury claims based on several theories of liability, such as breach of warranty, negligence and strict liability. In cases involving mesothelioma, it can be difficult to prove causation due to the fact that symptoms of this cancer typically take a long time to develop. The victim will have to prove that asbestos-containing substances they were exposed to caused mesothelioma in them, and not another cause.
If more than one defendant is found to be the cause of a mesothelioma patient's diagnosis, their attorneys can request apportionment. This is a process in which a judge or jury determines the amount each defendant owes the plaintiff.
A mesothelioma lawyer can assess the value of a victim’s case through a free consultation. Victims of these lawsuits can receive compensation for economic and noneconomic damages. In addition certain victims could be eligible to receive punitive damages in certain circumstances.
Wrongful Death
Anyone who is exposed to asbestos in their work are at a higher risk of developing a disease such as asbestosis mesothelioma, lung cancer or mesothelioma. In the majority of cases, victims can identify the source of exposure to asbestos by examining their medical records or employment history. Asbestos exposure can lead to financial compensation for the victims. This can cover medical expenses, lost wages, as well as pain and discomfort.
Patients suffering from asbestos-related diseases are often able to bring a lawsuit against companies who put them at risk for exposure. Those companies are held responsible for their actions that were negligent and must pay compensation. Compensation can be used to help patients and families pay for specialized treatment for asbestos diseases and other financial losses related to mesothelioma, or other illnesses.
Mesothelioma patients should speak with an experienced mesothelioma lawyer regarding their rights to compensation. They can assess the potential value in a mesothelioma lawsuit through a free review of mesothelioma claim.
Asbestos lawyers can also file a wrongful-death lawsuit on behalf of loved ones who have passed away from mesothelioma or another asbestos-related condition. For wrongful death claims, they must be filed within a specific timeframe that varies between states. An attorney can assist the estate representative file a mesothelioma claim for wrongful death and hold negligent asbestos-related companies accountable for their clients' exposure.
Compensation for wrongful death from asbestos personal injury lawsuits can help families cope with the loss of a loved one and recover additional compensation for their financial losses. These damages could include funeral and burial expenses and lost income from the deceased's lifetime earnings and the pain and emotional distress suffered by family members.
Many of the asbestos companies that produced asbestos-containing products have filed for bankruptcy. These companies are now in charge of trust funds that pay compensation to the victims of the past and the future. Asbestos attorneys can help clients file trust fund claims for compensation from these bankruptcy-owned companies. Charleston asbestos lawyers can also bring a traditional lawsuit in court against other businesses should they need to.