What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a claim filed by the victim, or their family, against the companies that caused their exposure to asbestos. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related illnesses have long latency times which means it could take years before symptoms are recognized or a diagnosis is made. Asbestos victims often make individual lawsuits instead of group action claims.
Statute of Limitations
Lawsuits are required to be filed within certain deadlines set by the statutes of limitation of each state. These deadlines help to preserve crucial 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 nature of the case. For instance, personal injury lawsuits are usually governed by the date of diagnosis, whereas the cases involving wrongful death are determined by the date of deceased's death.
If you've been diagnosed with an asbestos-related illness, it's essential to speak with a lawyer as soon as you can. Experienced mesothelioma attorneys can review your medical history and work history to determine if you're eligible for a legal claim. St. Joseph asbestos lawsuits can also assist in submitting the claim to the proper jurisdiction in accordance with the specific circumstances of your situation. Factors such as the place you work or live in, the time and location you were exposed to asbestos and the location and company that exposed you could affect the statute of limitation in your case.
It's important to bear in mind that the statute starts in the first instance that you are diagnosed with an illness that is related to asbestos. It doesn't begin with the initial exposure, as symptoms often take years to manifest. This is known as the discovery rule.
The rule of discovery applies in cases where asbestos exposure is associated with multiple illnesses or cancers. For instance, a person may have been diagnosed with asbestosis and later develop mesothelioma. In most states, a diagnosis of mesothelioma will trigger a new statute-of-limitations period.
If a mesothelioma sufferer dies before their case is resolved, it can be converted to a wrongful-death lawsuit. The estate of the victim's victims may continue to pursue compensation. This could help with expenses such as medical bills, funeral costs and loss of income.
In certain situations, states allow the clock to be tolled or paused. Typically, this occurs when the victim is a minor or does not have legal capacity. It might also occur if the defendant conceals evidence from the plaintiff or their family members.
Premises Liability
Although mesothelioma is typically caused through exposure to asbestos at work certain cases are caused by secondhand exposure to the dangerous substance. In these cases you could be in a position to file a premises liability lawsuit against the owner of the property where the incident occurred. Premises liability is based on the notion that businesses and homeowners are required to keep their property reasonably safe for visitors. This means fixing unsafe conditions or warn guests of dangers.
In addition to landowners and companies that make asbestos products suppliers of raw asbestos fiber may also be held accountable under premises liability. This includes mines that gathered 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 include retailers who sell asbestos insulation or those who sell directly to workers.
A personal asbestos lawsuit for injury will usually be based either on strict liability or negligence. The person who suffered the injury must have not taken reasonable precautions to safeguard themselves from harm that was pre-planned. The injured party is relying on the company's assurance that the product was safe and could be used in the manner intended.
In establishing strict liability and negligence in asbestos cases there are several important issues. A plaintiff, for example must prove that defendants were aware or ought to have been aware of the dangers of asbestos and that the victim's injury or illness resulted directly from that knowledge. This isn't easy to do given the extensive amount of evidence that must be considered in asbestos litigation and the difficulty of proving specific actions that were performed or not taken by the defendant.
For instance, in Kesner v. Ford Motor Co. and Haver v. General Electric, the court determined that a landowner's responsibility to protect their household members from secondhand exposure to asbestos cannot be based solely on the risk of harm that is foreseeable. 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 dangers from work-related asbestos brought home by an employee's clothing.
Product Liability
If an asbestos victim develops a disease such as mesothelioma, the law generally holds defendant companies liable for their exposure. Mesothelioma suits are frequently brought under the doctrine of product liability. This states that any person who is involved in the "chain" of distribution could be held responsible in the event that someone is injured by a dangerous product. This includes the manufacturer; wholesalers, suppliers of materials, distributors and retailers; employers, as well as property owners, managers and landlords.
An asbestos personal injury lawyer can assist victims identify potential defendants and decide which ones to name in a lawsuit. The plaintiffs will typically name the company that they believe exposed them asbestos on different job places. This could be a range of insulation companies and manufacturers of asbestos-containing materials and construction materials, mining companies and more.
Many of the asbestos companies that made and distributed asbestos-containing products failed, leaving them without the assets and funds needed to pay compensation to victims. In the aftermath, a number of large asbestos trust funds were created to pay out claims. While filing a claim through an asbestos trust fund isn't the same as filing a mesothelioma suit, it can still be beneficial for the victim.
Defendants can be held liable for asbestos personal injury claims based on a variety of theories of liability, such as breach of warranty, negligence, and strict liability. In cases involving mesothelioma, it can be difficult to prove causation because symptoms of this cancer usually take several decades to develop. The patient must prove that the asbestos-containing products they were exposed to triggered mesothelioma and not another cause.
If more than one defendant is found to be the cause of mesothelioma in a victim, their attorneys may file a request to apportion. This is the process by which a jury or judge determines the amount each defendant owes the plaintiff.
A mesothelioma lawyer can assess the value of a victim's case during a no-cost consultation. The compensation awarded to victims in these lawsuits could include economic and non-economic damages. In addition, certain victims may be eligible to receive punitive damages in certain circumstances.
Wrongful Death
People who have been exposed to asbestos in their workplaces have a higher chance of developing an illness like mesothelioma or lung cancer or asbestosis. In most cases, patients can determine where they were exposed to asbestos by reviewing their job history or medical documents. Asbestos exposure could result in financial compensation for victims. This can cover medical expenses, lost wages as well as pain and discomfort.
People who suffer from asbestos-related diseases can often bring a lawsuit against the companies who exposed them to asbestos. These companies are accountable for their negligence and are required to pay compensation. The compensation can help patients and their families cover the costs of specialized treatments for asbestos-related illnesses as well as other financial losses caused by mesothelioma as well as other diseases.
Mesothelioma sufferers should speak with an experienced mesothelioma lawyer about their rights to pursue compensation. These lawyers can help determine the potential value in mesothelioma lawsuits during a free review of mesothelioma claim.
Asbestos lawyers can also file a wrongful-death lawsuit on behalf of loved ones who have died from mesothelioma or a different asbestos-related disease. The wrongful death claim must be filed within a specific timeframe, which varies between states. An attorney can help the estate representative to file a mesothelioma wrongful death claim and hold the negligent asbestos-related businesses accountable for the risk their clients have been exposed to.
Compensation for the wrongful death resulting from an asbestos personal injury lawsuit can help families cope with the loss of a loved one and recover additional damages for their financial losses. These damages can include funeral and burial expenses, lost income from the lifetime earnings of the deceased, as well as the emotional pain and stress that family members suffer.
Many asbestos-related companies that produced asbestos-containing products have filed for bankruptcy. These companies are now responsible for trust funds that pay compensation to current and future victims. Asbestos attorneys can help clients to file trust fund claims to compensation from these bankruptcy-held companies. They can also make a traditional complaint in court against other businesses in the event of a need.