What is an Asbestos Personal Injury Lawsuit?
An asbestos personal injury lawsuit is a claim a victim or their family members bring against the companies that caused the exposure they have to asbestos. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related ailments have long latency times that means it can take decades before symptoms are identified or the diagnosis is made. Asbestos patients typically file individual lawsuits rather than group action claims.
Statute of limitations
The lawsuit must be filed within specific deadlines set by state statutes of limitations. These deadlines ensure that important evidence is preserved and that witnesses are able to testify. They also help ensure that a victim's claim is not thrown out due to the delay of too long. The statute of limitations varies by state and is dependent on the type case. Personal injury lawsuits, for example are governed by the date the diagnosis was made. The cases involving wrongful death are governed primarily by the date when the deceased passed away.
It is important to speak with an attorney immediately if you've been told that you have an asbestos-related condition. Professional mesothelioma lawyers are able to review your medical and work background to determine if there is any basis for a legal claim. They can also help you file the claim in the most appropriate location depending on your particular situation. Factors like where you live or work as well as the time and place 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 starts running the moment you are first diagnosed with an illness related to asbestos. The statute of limitations does not begin with the first asbestos exposure since symptoms can be delayed for a long time before they appear. This is known as the discovery rule.
The rule of discovery also applies to cases involving multiple cancers or diseases that are caused by asbestos exposure. A person may be diagnosed with asbestosis, and then develop mesothelioma. In the majority of states, mesothelioma diagnosis could trigger a new statute of limitations period.
If a mesothelioma patient passes away before their case is resolved the case can be changed into a wrongful death lawsuit. The estate of the victim's victims will continue to pursue compensation. This can help pay for expenses such as medical bills, funeral costs and income loss.
In certain situations, states allow the clock to be tolled or paused. This is typically the case when a victim is minor or does not have legal capacity. It could be the case if a defendant hides evidence from the victim or their family.
Premises Liability
Mesothelioma usually occurs as the result of occupational asbestos exposure however, in some cases exposure to secondhand asbestos is an element. In these cases it is possible to file a premises liability lawsuit against the property owner at the time the incident occurred. Premises liability is based on the premise that business owners and homeowners have an obligation to ensure their properties are secure for guests. This includes taking measures such as fixing unsafe conditions, or warning guests of dangers.
In addition to landowners, businesses that produced asbestos-related products as well as those that supplied raw asbestos fiber can also be held accountable under premises liability. This includes mining companies that harvest the fiber and distribution companies that supply it to manufacturers for use in their products. According to the facts of the case, this could also include retailers that stock asbestos insulation or those who sell it directly to workers.
A personal injury lawsuit involving asbestos will usually be based either on negligence or strict liability. The former involves the injured person's failure to take reasonable care to protect himself or herself from the foreseeable dangers of harm. The latter involves the victim's trust in a company's assertion that the product is safe and was suitable for use in the way intended.
In establishing strict liability and negligence in asbestos cases, there are several key issues. For example, a plaintiff must prove that the defendant knew or should have known that asbestos was dangerous and that the injury or illness suffered by the victim resulted directly from that knowledge. It isn't an easy thing to do given the extensive amount of information that has to be taken into account in asbestos litigation, and the difficulty of showing specific actions executed or not performed by the defendant.
In Kesner v. Baytown asbestos lawsuit . and Haver v. General Electric the court decided that a landowner does not owe a duty to protect family members from asbestos exposure based on foreseeable harm. This is because the landowner doesn't have the same level of control or understanding that a worker's employer would have regarding the potential risks of asbestos exposure from work that comes to the home of an employee's clothes.
Product Liability
When an asbestos-related victim develops mesothelioma or another disease it is the law that holds defendant companies responsible for their exposure. Mesothelioma suits are frequently brought under the theory products liability. This states that anyone involved in the "chain" of distribution could be held accountable if an individual is injured by a dangerous product. This includes the manufacturer, the material suppliers wholesalers and distributors retailers, employers and even landlords, property managers and owners.
An asbestos personal injury lawyer can help victims find potential defendants and determine which ones to name in a lawsuit. Victims typically mention the company or firms they believe exposed them asbestos at various jobsites. This could include different insulation companies as well as manufacturers and suppliers of asbestos-containing construction products and materials, mining companies, and more.
Many asbestos companies that manufactured and distributed asbestos-containing products went under and were left without funds and assets required to compensate victims. To pay for claims, large asbestos funds were created. While submitting a claim to an asbestos trust fund is not the same as filing a mesothelioma lawsuit it can still be beneficial to a victim.
The defendants could be held accountable for personal injury claims involving asbestos under a variety of theories of liability. This includes breach of warranty, strict liability and negligence. It is often difficult to prove causality in cases of mesothelioma because the signs of this cancer typically take a long time to manifest. Victims must prove that the asbestos-containing substance they were exposed to was what caused their mesothelioma and that it was not some other cause.
If more than one defendant has been found to be responsible for mesothelioma that has been found in a patient, their attorneys may file an application to divide. This is the method by which a judge or jury decides on the amount each defendant owes the plaintiff.
An experienced mesothelioma attorney can determine the potential value of a victim's case during a free consultation, without obligation. The compensation awarded to victims in these lawsuits could include economic and non-economic damages. In some cases, victims may also be entitled to punitive damages.
Wrongful Death
People who are exposed to asbestos at work have a higher chance of developing a disease like asbestosis mesothelioma, lung cancer, or mesotheliom. Most often, asbestos-related victims can determine the location of exposure to asbestos by examining their medical records or employment background. Asbestos-related victims could receive financial compensation due to their exposure to assist in covering the costs of medical expenses, lost wages, as well as suffering and pain.
People suffering from asbestos-related illnesses can file a lawsuit against companies that exposed them. Those companies are held responsible for their negligence and must pay compensation. Compensation can be used to assist patients and families pay for specialized treatment for asbestos diseases and other financial losses resulting from mesothelioma or other diseases.
Mesothelioma patients must consult an experienced mesothelioma lawyer about their rights to compensation. These attorneys can determine the potential value of mesothelioma lawsuits through a free review of mesothelioma claim.
Asbestos lawyers can also make a claim for the wrongful death of loved ones who have passed away due to mesothelioma, or another asbestos-related disease. State-by-state, wrongful deaths claims must be filed in a certain time frame. An attorney can assist the estate representative file a mesothelioma suit for wrongful death and hold negligent asbestos-related companies accountable for their client's exposed.
Compensation for the wrongful death resulting from an asbestos personal injury lawsuit can assist families in coping with the death of loved ones and seek additional damages for their financial losses. These damages could include funeral and burial costs and lost income from the deceased's lifetime earnings, as well as the emotional pain and stress that family members suffer.
Many asbestos-related companies that produced asbestos-containing products have declared themselves bankrupt. This has meant that these companies now oversee trust funds that compensate those who have suffered from their toxic products. Asbestos lawyers can assist clients submit trust fund claims to these bankruptcy-held firms to receive compensation. They can also make a traditional complaint in court against other firms in the event of a need.