What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a claim that the victim or their family members bring against companies responsible for their exposure to asbestos. Compensation is awarded for various damages.
Mesothelioma and other asbestos-related diseases, have long latency times. This means it can take a long time before symptoms or diagnoses are recognized. Asbestos sufferers typically make individual lawsuits rather than group action claims.
Statute of Limitations
Lawsuits are required to be filed within certain time limits outlined by statutes of limitations in each state. These deadlines help to preserve important evidence and allow witnesses the chance to testify. These deadlines also ensure that a victim's claim isn't dismissed because of the time frame. The exact statute of limitations is different for each state and based on the type of case. Personal injury lawsuits, for example are governed primarily by the date that the diagnosis was made. For cases involving wrongful death, the statute of limitations is governed primarily by the date when the deceased passed away.
If you've been diagnosed with asbestos-related illness, it's essential to talk with a lawyer as soon as possible. Experienced mesothelioma attorneys can review your medical history and work history to determine if you have a basis for a legal claim. They can also assist you to submit your claim to the most appropriate location based on your unique situation. Factors such as where you reside or work, when and where you were exposed to asbestos, and the location and company that exposed you can alter the statute of limitations in your case.
It's important to bear 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 from the first exposure, because symptoms may take years to show up. This is known as the discovery rule.
The rule of discovery is also applicable to cases involving multiple cancers or diseases that are caused by asbestos exposure. A person could be diagnosed with asbestosis, and then develop mesothelioma. In most states, mesothelioma diagnosis could 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 estate of the deceased will continue to seek compensation. This can help alleviate expenses such as funeral costs, medical bills and loss of income.
Lastly, some states allow the statute of limitations clock to be stopped or tolled in certain instances. Most often, this happens when the victim is a minor or has no legal capacity. It can occur if the defendant hides evidence from the victim or their family.
Premises Liability
Mesothelioma most often occurs as the result of occupational asbestos exposure however, in some cases exposure from secondhand sources can be a factor. In these instances, you may be in a position to file a premises liability lawsuit against the owner of the property where the incident took place. Premises liability is based on the notion that homeowners and businesses are required to ensure that their premises are safe for visitors. This includes taking steps to fix unsafe conditions or warn guests of potential dangers.
In addition to landowners, companies that made asbestos products and those that provided raw asbestos fiber can also be held accountable under premises liability. This includes mining companies that harvest the material and distribution firms that sell it to manufacturers for use in their products. Based on the facts of the case, this could also include retailers that stock asbestos insulation, or who sell directly to workers.
A personal asbestos lawsuit for injury will typically be based on strict liability or negligence. The person who suffered the injury must have not taken reasonable precautions to protect themselves from harm that was foreseeable. The injured party relies on the company's guarantee that the product was safe and can be used as intended.
In determining strict liability and negligence in asbestos cases there are a number of key issues to be considered. For instance, a plaintiff must prove that the defendant knew or ought to have known that asbestos was dangerous and that the victim's injury or illness was the direct result of this knowledge. This is a difficult thing to prove, given the amount of information required in asbestos litigation. It is also difficult to demonstrate specific actions that were that were taken or not by the defendant.
For instance in Kesner v. Ford Motor Co. and Haver v. General Electric, the court ruled that a landowner's responsibility to protect household members from exposure to secondhand asbestos is not based on the risk of harm that is foreseeable. This is because the landowner does not have the same level of control or understanding that an employer of a worker could have about the potential hazards of asbestos from work brought to the home of an employee's clothes.
Product Liability
If an asbestos victim develops mesothelioma or a different disease, the law holds defendant companies responsible for their exposure. Mesothelioma suits are frequently brought under the doctrine of product liability. This means that anyone who is part of the "chain" of distribution could be held accountable when an individual is injured by a harmful product. This includes the manufacturer; wholesalers, material suppliers retailers, distributors and employers, as well as property owners, managers, and landlords.
An asbestos personal injury lawyer can assist victims identify potential defendants and determine which ones to name in a lawsuit. The victims will usually name the company that they believe exposed them to asbestos at various job sites. This could be a range of insulation companies as well as manufacturers of asbestos-containing products and construction materials, mining companies and more.
Many asbestos-related companies that manufactured and distributed asbestos-containing goods went bankrupt. Fremont asbestos lawyers were left without resources or funds required to compensate victims. In the aftermath, a number of large asbestos trust funds were established to pay claims. A claim filed with an asbestos trust funds is not the same as a mesothelioma suit however, it could aid a victim.
The defendants can be held accountable for asbestos-related personal injury claims based on a variety of theories of liability, including breach of warranty, negligence, and strict liability. It is often difficult to prove causation for mesothelioma since the symptoms of this cancer usually take several years to show. Victims will need to prove that the asbestos-containing product they were exposed to is the cause of their mesothelioma. They must also prove that it wasn't due to some other reason.
If more than one defendant is determined to be responsible for the mesothelioma patient's diagnosis, their attorneys may file a petition for apportionment. This is the method by which the judge or jury decides how much money each defendant owes the plaintiff.
An experienced mesothelioma lawyer will determine the potential value of a victim's case in a no-cost consultation, without obligation. Compensation for victims of these lawsuits could include economic and non-economic damages. In addition, certain victims may be eligible for punitive damages in rare circumstances.
Wrongful Death
Those who are exposed to asbestos at work have a greater risk of developing a disease like asbestosis mesothelioma, lung cancer or mesothelioma. In most cases, victims can determine where they were exposed to asbestos by reviewing their work history or medical documents. Asbestos-related victims could receive financial compensation for their exposure to assist in covering expenses related to medical expenses, lost wages, and suffering and pain.
Patients suffering from asbestos-related diseases can often file a lawsuit against the companies that put them at risk for exposure. They are held accountable for their negligence and are required to pay compensation. The compensation can help patients and their families pay the costs of specialized treatments for asbestos illnesses and other financial losses caused by mesothelioma as well as other diseases.
Mesothelioma patients should consult an experienced mesothelioma attorney about their rights to be compensated. These attorneys can help determine the potential value of a mesothelioma case through a no-cost mesothelioma case review.
Asbestos lawyers can also make a claim for wrongful death on behalf of loved ones who have passed away due to mesothelioma, or another asbestos-related illness. Wrongful death claims must be filed within a specified period of time, which varies between states. An attorney can assist the estate representative file a mesothelioma lawsuit for the wrongful death of a loved one and hold negligent asbestos-related companies accountable for their client's exposed.
Injuries resulting from wrongful death in asbestos personal injury lawsuits can assist families in coping and recover additional damages to compensate for their financial losses. These damages include funeral and burial costs, lost income from a deceased's lifetime earnings and pain and emotional distress suffered by family members.
Many asbestos companies who made asbestos-containing products have filed for bankruptcy. This has meant that these companies now oversee trust funds that compensate those who have suffered from their harmful products. Asbestos lawyers can help clients submit trust fund claims to these bankruptcy-owned firms for compensation. They can also make a traditional complaint in court against other companies in the event of a need.