What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a claim the victim or their family members bring against companies 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 decades before symptoms are recognized or the diagnosis is made. Asbestos sufferers typically make individual lawsuits rather than class action claims.
Statute of Limitations
The lawsuit must be filed within specific time limits outlined by statutes of limitations in each state. These deadlines ensure that crucial evidence is kept and witnesses are able to testify. These deadlines also ensure that a victim's claim isn't thrown out because of the passage time. The statute of limitations varies by state and is dependent on the type 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 when the deceased person died.
It's important to consult an attorney right away if you've been told that you have an asbestos-related condition. Professional mesothelioma lawyers are able to look over your medical and employment information to determine if there's any basis for a legal case. They can also assist you in filing your claim with the proper jurisdiction, based on the unique circumstances of your situation. Factors such as where you live or work, when and where you were exposed to asbestos as well as the location and business that exposed you could affect the statute of limitation in your case.
It's important to keep in mind that the statute begins in the first instance that you are diagnosed with an illness that is related to asbestos. It doesn't begin with the first exposure, because symptoms can take a long time to show. This is referred to as the discovery rule.
The rule of discovery is also applicable to cases that involve multiple cancers or diseases that are caused by asbestos exposure. For example, a person might have been diagnosed with asbestosis but later develop mesothelioma. In the majority of states, a mesothelioma diagnose would trigger a new statute-of-limitations period.
If a mesothelioma patient dies before the case is settled, the case can be converted into a wrongful-death lawsuit and the victim's estate can continue to pursue compensation. This can help pay for expenses like funeral expenses, medical bills and loss of income.
Additionally, certain states permit the statute of limitations clock to be paused or tolled in certain instances. Most often, this happens when the victim is a minor or is not legally capacity. Topeka asbestos attorneys might also occur if the defendant conceals evidence from the plaintiff or their family members.
Premises Liability
While mesothelioma is most often caused through exposure to asbestos at work, some cases involve exposure through secondhand contact with the hazardous material. In these cases you might be in a position to file a premises liability lawsuit against the owner of the premises where the incident occurred. Premises liability is based on the idea that homeowners and businesses have a duty to keep their property reasonably safe for visitors. This includes taking steps to fix unsafe conditions or to warn guests of dangers.
In addition to the landowners and businesses that manufacture asbestos-related products suppliers of asbestos fiber in its raw form can also be held responsible under premises liability. This can include mines that harvested the material as well as distribution companies that sold it to producers to use in their products. According to the facts of the matter this could also apply to retailers who sell asbestos insulation, or who sell directly to workers.
A personal injury lawsuit involving asbestos will usually be based either on negligence or strict liability. The former involves the injured party's failure to exercise reasonable care to protect themselves from harm that could be foreseeable. The injured party is relying on the company's assurance that the product was safe and can be used in the manner intended.
There are several important issues when determining negligence and strict liability for an asbestos-related claim. For instance the plaintiff must demonstrate that the defendant was aware or ought to have knew that asbestos was a risk and that the injury or illness suffered by the victim was the direct result of this knowledge. It isn't an easy thing to prove due to the vast amount of information that must be taken into account 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 the landowner's obligation to protect household members from secondhand exposure to asbestos is not based on the foreseeable risk of harm. This is because a landowner doesn't have the same level of experience as an employer in regards to asbestos's potential dangers brought home by employees on their clothing.
Product Liability
If an asbestos victim develops a disease, such as mesothelioma or asbestosis, the law generally holds defendant companies accountable for their exposure. Mesothelioma lawsuits are typically filed under the doctrine of products liability, which states that if a person is injured by an unreasonably dangerous product, everyone involved in the "chain of distribution" could be held accountable. This includes the manufacturer, wholesalers, suppliers of materials, distributors and retailers; employers, as well as the property owners, managers and landlords.
An asbestos personal injury lawyer can assist victims in identifying potential defendants, and help them decide which ones to name in a lawsuit. The victims will usually name the company they believe exposed them asbestos on various work places. This could include multiple different insulation companies, manufacturers of asbestos-containing products and construction materials, mining companies and many more.
Many asbestos-related companies that manufactured and sold asbestos-containing products were unable to survive. They were left without the resources or funds required to pay victims. As a result, several large asbestos trust funds were created to pay claims. A claim filed with an asbestos trust funds is not the same as a mesothelioma lawsuit but it can benefit a victim.
Defendants could be held liable for asbestos personal injury claims based on several theories of liability, including breach of warranty, negligence or strict liability. It can be difficult to prove causation in cases of mesothelioma because the signs of this cancer typically take many years to appear. Victims must prove that the asbestos-containing material they were exposed to was what caused their mesothelioma and that it was not some other cause.
If more than one defendant is found to be responsible for a mesothelioma patient's diagnosis, their attorneys can file a request for an apportionment. This is the method that a jury or judge decides on the amount each defendant owes to the plaintiff.
A mesothelioma lawyer will assess the value of a victim’s case in a free consultation. Victims of these lawsuits may be awarded compensation for economic as well as non-economic damages. Additionally some victims may be eligible to receive punitive damages in certain circumstances.
Wrongful Death
Anyone who is exposed to asbestos at work have a greater risk of developing a disease such as asbestosis mesothelioma, lung cancer, or mesotheliom. In most cases, victims can identify the place they were exposed to asbestos based on their job information or medical records. Asbestos exposure could result in financial compensation for victims. This can be used to cover medical expenses, lost wages, as well as pain and discomfort.
Patients suffering from asbestos-related diseases can often bring a lawsuit against companies who put them at risk of exposure. The 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 related to mesothelioma and other illnesses.
Mesothelioma patients should speak with an experienced mesothelioma attorney about their rights to be compensated. These attorneys can determine the potential value of a mesothelioma lawsuit during a free review of mesothelioma claims.
Asbestos lawyers can also file a wrongful death lawsuit on behalf of loved ones who have died from mesothelioma or another asbestos-related illness. Wrongful death claims must be filed within a specific period of time and vary from state to state. An attorney can assist the estate representative to file mesothelioma claims for wrongful death and hold negligent asbestos-related companies accountable for the risk their clients have been exposed to.
Injuries resulting from wrongful death in an asbestos personal injury suit can help families cope and also recover additional damages to compensate for their financial losses. These damages can include funeral and burial expenses, lost income from a deceased's lifetime earnings as well as emotional distress and pain suffered by family members.
Many asbestos companies that made asbestos-containing items have filed for bankruptcy. This has meant that they now manage trust funds that compensate current and future victims of their harmful products. Asbestos lawyers can assist clients file trust fund claims for compensation from these bankruptcy-held companies. They can also make a traditional complaint in court against other companies in the event of a need.