What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a lawsuit brought by the victim or their loved ones, against the company responsible for their asbestos exposure. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related illnesses have a long time to wait for the latency. This means that it can take years before symptoms or diagnoses are recognized. Asbestos patients typically make individual lawsuits rather than class action claims.
Statute of Limitations
State statutes of limitations specify specific deadlines for filing lawsuits. These deadlines ensure that important evidence is preserved and witnesses have the opportunity to give evidence. They also help ensure that the claim of a victim is not dismissed because of the length of time. The specific time limit for a claim is different for each state and based on the nature of the case. For instance personal injury lawsuits are typically determined by the date of diagnosis while the cases involving wrongful death are controlled by the date of deceased's death.
If you've been diagnosed with an asbestos-related disease, it's important to consult with a lawyer as quickly as possible. Expert mesothelioma lawyers can look over your medical history and work information to determine if there is a chance that you're eligible for a legal claim. They can also help you in filing your claim with the proper jurisdiction in accordance with the specific circumstances of your case. Factors like where you lived or worked, when and where your exposure occurred and the place of companies which exposed you to asbestos might influence the limitation period in your case.
Additionally, it's important to keep in mind that the statute of limitations runs from the date you were first diagnosed with an asbestos-related disease. The time limit does not begin with the initial asbestos exposure as symptoms may take many years to manifest. This is known as the discovery rule.
The discovery rule also applies in cases where asbestos exposure is linked to multiple diseases or cancers. A person could be diagnosed with asbestosis, and then develop mesothelioma. In most states, a mesothelioma diagnosis would be the trigger for the new time limit for the statute of limitations.
If a mesothelioma sufferer dies before their case is resolved the case can be changed to a wrongful death lawsuit, and the estate of the victim's victims will continue to pursue compensation. This can help alleviate expenses like medical bills, funeral costs and loss of income.
Additionally, certain states permit the statute of limitations clock to be stopped or tolled in certain instances. This is typically the case when a victim is minor or is not legally competent. It can be the case if a defendant conceals evidence from victim or their family.
Premises Liability
While mesothelioma is most often caused through exposure to asbestos at work however, there are instances of exposure through secondhand contact with the hazardous substance. In these cases it is possible to bring a premises liability suit against the property owner in which the incident occurred. The concept of premises liability is based on the idea that homeowners and business owners are required to ensure their properties are safe for guests. This includes taking measures such as fixing unsafe conditions or warning guests of hazards.
In addition to landowners, businesses that made asbestos products and those that provided asbestos fiber raw can also be held responsible under premises liability. This can include mining companies that extract the material and distribution companies that sell it to manufacturers for use in their products. Depending on the facts of a particular case, it could also include retailers that stocked asbestos insulation as well as those who sold it to workers directly.
Typically, an asbestos personal injury lawsuit will typically be one of negligence or strict liability. The former involves the injured party's failure to take reasonable precautions to safeguard himself or herself from foreseeable risks of harm. The person who is injured relies on the assurance of the company that the product was safe and can be used in the manner intended.
There are many important aspects in determining negligence and strict liability for an asbestos claim. For instance, a plaintiff must prove that the defendant was aware or should have knew that asbestos was a risk and that the victim's injury or illness was the direct result of the knowledge. This is not easy to do given the extensive amount of information that must be considered in asbestos litigation and the difficulty of showing specific actions executed or not performed by the defendant.
For instance in Kesner v. Ford Motor Co. and Haver v. General Electric, the court determined that the landowner's obligation to protect their household members from exposure to secondhand asbestos cannot be based on the possibility of harm. This is because the landowner does not have the same degree of control or information that a worker's employer could have about the potential dangers from work-related asbestos brought home on an employee's clothing.
Product Liability
When an asbestos victim develops mesothelioma or another disease, the law holds defendant companies responsible for their exposure. Mesothelioma lawsuits are typically brought under the theory products liability. This means that anyone involved in the "chain" of distribution can be held accountable when someone is injured by a hazardous product. This includes the manufacturer; material suppliers, wholesalers retailers, distributors and employers; and even 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. Victims typically name the company or companies they believe exposed them to asbestos at various jobsites. This could be a range of insulation companies, manufacturers and suppliers of asbestos-containing construction materials and products mining companies, and so on.
Many asbestos-related companies that manufactured and distributed asbestos-containing items ended up in bankruptcy. They were left without the assets or funds needed to compensate victims. As a result, several large asbestos trust funds were created to pay claims. Although filing a claim with an asbestos trust fund is not the same as filing a mesothelioma lawsuit, it could still be beneficial to a victim.
The defendants could be held accountable for claims relating to asbestos-related personal injuries under several theories of liability. These include breach of warranty, strict liability, and negligence. For mesothelioma cases, proving causation can be difficult because symptoms of this type of cancer generally take a long time to develop. The victims must prove that the asbestos-containing material they were exposed to is what caused their mesothelioma and that it wasn't caused by any other reason.
If Turlock asbestos lawyer than one defendant is found to be responsible for the victim's mesothelioma, their attorneys can file a request for an apportionment. This is the method that a jury or judge decides how much money each defendant owes to the plaintiff.
A mesothelioma lawyer can assess the value of a victim’s case during a no-cost consultation. Victims of these lawsuits may receive compensation for both economic and noneconomic damages. In addition certain victims could be eligible to receive punitive damages under certain circumstances.
Wrongful Death
Those who are exposed to asbestos while at work have a greater risk of developing a disease like asbestosis mesothelioma, lung cancer, or mesotheliom. In the majority of cases, victims can determine the location of exposure to asbestos by examining their medical records or job history. Asbestos victims may receive financial compensation as a result of their exposure to help cover the costs of medical expenses, lost wages, and pain and suffering.
Patients suffering from asbestos-related diseases often sue companies that exposed them to asbestos. They are held accountable for their negligence and are required to pay compensation. The compensation will help patients and their families cover the cost of special treatments for asbestos illnesses and other financial losses resulting from mesothelioma and various other diseases.
Mesothelioma patients should consult an experienced mesothelioma lawyer regarding their rights to pursue compensation. They can assist in determining the potential value of a mesothelioma case in a free mesothelioma lawsuit review.
Asbestos attorneys may also file a lawsuit for wrongful death on behalf of loved ones who have passed away because of mesothelioma or another asbestos-related illness. The wrongful death claim must be filed within a certain timeframe, which varies from state to state. An attorney can assist the estate representative in filing a mesothelioma wrongful death claim and hold the negligent asbestos-related businesses accountable for the exposure of their clients.
Damages for wrongful death arising from an asbestos personal injury suit can assist families in coping and recover additional damages to offset their financial losses. These damages can include funeral and burial costs as well as the loss of income resulting from a deceased's lifetime earnings and emotional and physical pain that family members suffer.
Many asbestos companies that made asbestos-containing goods have declared bankruptcy. These companies are now in charge of trust funds which pay current and future victims. Asbestos lawyers can assist clients to file trust fund claims to compensation from these companies that are in bankruptcy. They can also file a lawsuit in court should they need to against other businesses.