What is an Asbestos Personal Injury Lawsuit?

A personal injury lawsuit for asbestos is a claim filed by a victim or their family members, against the company responsible for their asbestos exposure. Compensation is awarded for a variety of damages.

Mesothelioma and other asbestos-related illnesses have long latency times that means it can take years before symptoms are detected or a diagnosis is confirmed. Asbestos patients typically file individual lawsuits rather than group 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 are given the chance to give evidence. These deadlines also ensure that a victim's claim isn't thrown out because of the length of time. The specific time limit for a claim differs by state and is dependent on the nature of the case. Personal injury lawsuits, for instance are governed by the date that the diagnosis was made. The cases involving wrongful death are determined by the date the deceased person died.

If you've been diagnosed with asbestos-related disease, it's important to consult with a lawyer as soon as you can. Expert mesothelioma lawyers can look over your medical history and job background to determine if you may have grounds to file a claim. They can also assist in submitting the claim to the proper jurisdiction, based on the unique circumstances of your case. Factors such as where you reside or work, when and where you were exposed to asbestos, and the location and company that exposed you could alter the statute of limitations in your case.

In addition, it's important to keep in mind that the statute of limitations starts from the date you were first diagnosed with an asbestos-related disease. It doesn't begin from the first exposure, because symptoms may take years to show. This is known as the discovery rule.

The discovery rule is also applicable to cases involving multiple diseases or cancers related to asbestos exposure. For instance, a person may be diagnosed with asbestosis but later develop mesothelioma. In the majority of states, mesothelioma diagnosis would trigger a new statute-of-limitations period.

If a mesothelioma sufferer dies before their case is resolved and the case is re-opened, it can be converted to a wrongful death lawsuit. The estate of the victim's victim may continue to pursue compensation. This can help with expenses such as funeral expenses, medical bills, and lost income.

Finally, some states permit the statute of limitations clock to be stopped or tolled in certain circumstances. This typically occurs when a victim is minor or is not legally competent. It can also happen if the defendant conceals evidence from the plaintiff or their family.

Premises Liability

Although mesothelioma is typically caused through exposure to asbestos at work, some cases involve exposure through secondhand contact with the hazardous substance. In these cases you could be in a position to file a premises liability lawsuit against the owner of the premises where the incident took place. Premises liability is based on the premise that homeowners and business owners are required to ensure that their premises are secure for guests. This includes taking steps like fixing unsafe conditions or warning guests of dangers.

In addition to landowners, businesses that produced asbestos-related products as well as those who supplied asbestos fiber in raw form can be held accountable under premises liability. This could include mining companies that extract the material and distribution companies that supply the material to manufacturers for use in their products. Based on the facts of the case this could also apply to retailers who sell asbestos insulation, or who sell asbestos insulation directly to workers.

A personal asbestos-related injury lawsuit is usually based on strict liability or negligence. The former involves the injured person's inability to exercise reasonable care to protect himself or herself from the foreseeable dangers of harm. The latter involves the victim's reliance on a company's representation that the product is safe and that it was safe to use as intended.

In establishing strict liability and negligence in asbestos cases there are several important issues to be considered. A plaintiff, for instance, must prove that defendants were aware or ought to have been aware that asbestos is dangerous and that the victim’s injury or illness resulted directly from that knowledge. This is a difficult thing to prove due to the amount of information needed in asbestos litigation. It's also hard to prove specific actions that were taken or not by the defendant.

In Kesner v. Ford Motor Co., and Haver v. General Electric the court declared that a landowner doesn't be held responsible for protecting family members from exposure to asbestos based on foreseeable harm. This is because a landowner does not have the same level of knowledge as an employer about asbestos's potential dangers brought home by employees on their clothing.

Product Liability

When an asbestos-related victim develops a disease, such as mesothelioma or asbestosis, the law generally holds defendants liable for their exposure. Mesothelioma lawsuits are typically brought under the doctrine of product liability. This means that anyone who is part of the "chain" of distribution can be held responsible in the event that an individual is injured by a hazardous product. This includes the manufacturer; wholesalers, suppliers of materials retailers, distributors and employers; and even the property owners, managers and landlords.

An asbestos personal injury lawyer can help victims identify potential defendants, and help them decide the ones they should mention in a lawsuit. Victims will typically identify the company or companies they believe exposed them to asbestos at various jobsites. This could be a range of insulation companies as well as manufacturers and suppliers of asbestos-containing construction materials and products mining companies, and many more.

Many asbestos-related companies that made and sold asbestos-containing products went bankrupt. They were left without the assets or funds needed to pay victims. As a result, several large asbestos trust funds were created to pay out claims. A claim filed with an asbestos trust fund isn't the same as a mesothelioma lawsuit, but it can still aid victims.

Defendants could be held liable for asbestos personal injury claims based on several theories of liability, such as breach of warranty, negligence or strict liability. In cases involving mesothelioma proving causation can be difficult because symptoms of this cancer usually take a long time to develop. Victims will need to prove that the asbestos-containing substance they were exposed to was what caused their mesothelioma and that it wasn't due to some other reason.

If more than one defendant is determined to be responsible for the victim's mesothelioma, their attorneys can file a request for an apportionment. This is a process in which a jury or judge decides on the amount each defendant is liable to the plaintiff.

A mesothelioma lawyer can assess the value of a patient's case in a free consultation. The compensation awarded to victims in these lawsuits can include economic and non-economic damages. In rare cases, victims may also be eligible for punitive damages.

Wrongful Death

People who have been exposed to asbestos at work have a higher chance of developing an illness such as mesothelioma, lung cancer, or asbestosis. In the majority of cases, victims are able to determine the location where they were exposed to asbestos by reviewing their work record or medical documents. Asbestos exposure can result in financial compensation for victims. This could cover medical expenses, lost wages, and pain and discomfort.

People with an asbestos-related disease can often file a lawsuit against the companies who put them at risk of exposure. The companies are held accountable for their actions that were negligent and must pay compensation. The compensation is intended to assist patients and their families pay the cost of specialist treatments for asbestos-related illnesses as well as other financial losses resulting from mesothelioma and various other diseases.

Mesothelioma patients should consult an experienced mesothelioma lawyer about their rights to seek compensation. They can assist in determining the potential value of a mesothelioma claim during a free mesothelioma claim review.

Asbestos attorneys can also make a claim for wrongful death on behalf of loved ones who have died because of mesothelioma or a different asbestos-related disease. State-by-state, wrongful death claims must be filed in a certain time frame. An attorney can assist the estate representative to file mesothelioma-related wrongful death claims and hold the negligent asbestos-related companies responsible for their client's exposure.

Wrongful death compensation from an asbestos personal injury lawsuit can assist families in coping with the loss of a loved one and recover additional compensation for their financial losses. These damages can include funeral and burial costs as well as the loss of income resulting from the lifetime earnings of a deceased and emotional and physical pain suffered by family members.

Many asbestos companies that made asbestos-containing items have filed for bankruptcy. These companies are now responsible for Asbestos Personal injury lawsuit trust funds that pay compensation to the current and future victims. Asbestos lawyers can assist clients submit trust fund claims to these bankrupt firms to receive compensation. They can also file a lawsuit in court if needed against other companies.