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 company responsible for their asbestos exposure. Compensation is awarded for various damages.
Mesothelioma, and other asbestos-related diseases have a long time to wait for the latency. This means that it can take a long time before symptoms or diagnoses are identified. Asbestos sufferers typically have to file individual lawsuits, not class action claims.
Statute of Limitations
State statutes of limitation provide specific deadlines for filing lawsuits. These deadlines ensure that important evidence is preserved and that witnesses are given the chance to testify. These deadlines also ensure that a victim’s claim isn't dismissed because of the passage time. The statute of limitations varies from state to state and is based on the type case. For instance, personal injury lawsuits are typically controlled by the date of diagnosis, whereas the cases involving wrongful death are governed by the date of the deceased's death.
It's important to consult a lawyer immediately in the event that you've been informed that you have an asbestos-related disease. Expert mesothelioma lawyers will review your medical and work information to determine if there is an appropriate basis for a legal claim. They can also assist in filing your claim with the proper jurisdiction in accordance with the specific circumstances of your case. Factors such as where you resided or worked, the time and where you were exposed and the place of companies that exposed you to asbestos could affect the statute of limitations in your case.
It's important to keep in mind that the statute starts running when you first get diagnosed with an illness 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 rule of discovery is also applicable to cases involving multiple cancers or diseases caused by asbestos exposure. For instance, a patient may be diagnosed with asbestosis, but later develop mesothelioma. In most states, a mesothelioma diagnosis will trigger an extension of the statute of limitations.
If a mesothelioma sufferer dies before the case is settled, the lawsuit could be converted into a wrongful-death lawsuit and the estate of the victim will continue to seek compensation. This can help pay for expenses such as funeral expenses, medical bills and lost income.
Lastly, some states allow the statute of limitations clock to be stopped or tolled in certain situations. This is typically the case when the victim is minor or does not have legal capacity. It can be the case if a defendant conceals evidence from the victim or their family.
Premises Liability
Mesothelioma most often occurs as a result of exposure to asbestos in the workplace however, in some cases, secondhand exposure is also an element. In those instances, it may be possible to make a premises liability claim against the property owner where the incident occurred. Premises liability is based on the theory that homeowners and businesses are obliged to keep their property reasonably safe for visitors. This means taking steps like fixing unsafe conditions or warning guests of dangers.
In addition to the landowners and businesses who manufacture asbestos products, those who supply asbestos fiber can be held accountable under premises liability. This includes mines that gathered the material as well as distribution companies that sold it to producers to be used in their products. Depending on the facts of a case, it could also include retailers who sold asbestos insulation and those who sold it to workers directly.
A personal asbestos-related injury lawsuit will usually be based either on negligence or strict liability. The former is the result of the injured person's failure to take reasonable precautions to safeguard himself or herself from foreseeable risks of harm. The second is the injured party's reliance on a company's assertion that the product is safe and that it was safe to use in the manner intended.
In determining strict liability and negligence in an asbestos case there are several important issues. A plaintiff, for example must show 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 is difficult to prove, due to the amount of information needed in asbestos litigation. It is also difficult to demonstrate specific actions that were taken or not by the defendant.
In Kesner v. O'Fallon asbestos lawsuits , and Haver v. General Electric the court declared that a landowner doesn't have a legal obligation to protect family members from exposure to asbestos in the event of foreseeable harm. This is because the landowner doesn't have the same level of control or understanding that a worker's employer could have about the possible risks of asbestos exposure from work that comes home on an employee's clothing.
Product Liability
If an asbestos victim develops mesothelioma, or another disease it is the law that holds defendant companies responsible for their exposure. Mesothelioma lawsuits are typically brought under the theory of product liability, which says that if a person 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 the property owners, managers and landlords.
An asbestos personal injury attorney can help victims identify potential defendants, and help them decide which ones they should name in a lawsuit. The victims will usually name the company they believe exposed them to asbestos at various job places. This could include multiple different insulation companies as well as manufacturers of asbestos-containing products and construction materials, mining companies and many more.
Many asbestos-related companies that made and distributed asbestos-containing products failed leaving them without funds and assets required to pay victims. As a result, several large asbestos trust funds were created to pay claims. A claim filed through asbestos trust fund isn't the same thing as a mesothelioma suit however, it could aid a 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 or strict liability. It is difficult to prove causation in cases of mesothelioma because the symptoms of this cancer usually take several years to show. The victims must prove that the asbestos-containing material they were exposed to was the cause of their mesothelioma. They must also prove that it wasn't caused by any other cause.
If more than one defendant is found to be responsible for mesothelioma that has been found in the victim, their lawyers can file an application to divide. This is a procedure by which a judge or jury determines the amount each defendant owes the plaintiff.
A mesothelioma lawyer can evaluate the value of a victim's case during a no-cost consultation. Compensation for victims of these lawsuits can include economic and non-economic damages. Additionally, certain victims may be eligible to receive punitive damages under certain circumstances.
Wrongful Death
People who have been exposed to asbestos in their workplaces are more likely to developing a disease such as mesothelioma, lung cancer, or asbestosis. Most often, asbestos-related victims can identify the source of asbestos exposure by looking at their medical records or employment history. Asbestos exposure could result in financial compensation for victims. This could cover medical expenses, lost wages and pain and discomfort.
People suffering from asbestos-related diseases often file a lawsuit against companies who exposed them to asbestos. The companies are held accountable for their actions that were negligent and must pay compensation. The compensation can aid patients and their families cover the cost of special treatments for asbestos diseases and other financial losses resulting from mesothelioma as well as other diseases.
Mesothelioma patients should consult an experienced mesothelioma lawyer regarding their rights to be compensated. These lawyers can help you determine the potential value of a mesothelioma claim through a no-cost mesothelioma case review.
Asbestos lawyers can also file a lawsuit for wrongful death on behalf of loved-ones who have died because of mesothelioma or another asbestos-related illness. State-by-state, wrongful-death claims must be filed in the timeframe of. An attorney can help the estate representative in filing mesothelioma claims for wrongful death and hold the negligent asbestos-related businesses accountable for the risk their clients have been exposed to.
Damages for wrongful death arising from an asbestos personal injury lawsuit can help families cope and recover additional damages to offset their financial loss. These damages could include funeral and burial expenses as well as the loss of income from the deceased's lifetime earnings and the pain and emotional distress suffered by family members.
Many asbestos companies that made asbestos-containing products have declared themselves bankrupt. In the process, they now manage trust funds that pay the present and future victims of their harmful products. Asbestos lawyers can help clients make trust fund claims for compensation from these bankruptcy-held companies. They can also bring a traditional lawsuit in court against other businesses if necessary.