What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a suit that a victim or their family bring against the company responsible for their exposure to asbestos. Compensation is awarded for a range of damages.
Mesothelioma and other asbestos-related ailments have long latency periods that means it can take years before symptoms are detected or the diagnosis is made. Asbestos patients often file individual lawsuits instead of class action claims.
Statute of Limitations
Lawsuits must be filed within specific time limits outlined by the statutes of limitation of each state. These deadlines help to preserve important evidence and give witnesses the chance to be heard. They also help ensure that the claim of a victim is not thrown out due to the delay of too long. The statute of limitations is different by state and is dependent on the type of case. Personal injury lawsuits, like are governed primarily by the date that the diagnosis was made. Wrongful death cases are governed primarily by the date the deceased person died.
If you've been diagnosed with asbestos-related illness, it's essential to talk with a lawyer as quickly as possible. Expert mesothelioma lawyers can look over your medical history and job history to determine if you have a basis to file a claim. They can also assist you to make the claim in the most appropriate location depending on your particular situation. Factors like where you live or worked, the time and where your exposure occurred and the place of the company that exposed you to asbestos could affect the statute of limitations in your case.
It's also important to remember that the statute of limitations begins from the date you were first diagnosed with an asbestos-related disease. The statute of limitations does not begin with the first asbestos exposure because symptoms can take a long time to manifest. This is known as the discovery rule.
The discovery rule applies also in cases where asbestos exposure is associated with multiple illnesses or cancers. A person could be diagnosed with asbestosis, and later develop mesothelioma. In the majority of states, a diagnosis of mesothelioma will trigger a new statute-of-limitations period.
If a mesothelioma patient dies before the case is resolved and the case is re-opened, it can be converted into a wrongful death lawsuit, and the estate of the victim's victim can continue pursuing compensation. This can help alleviate expenses like funeral expenses, medical bills and lost income.
Additionally, certain states permit the statute of limitations clock to be stopped or tolled in certain circumstances. This is typically the case when the victim is a minor or does not have legal capacity. It can also happen when the defendant hides evidence from the plaintiff or their family members.
Premises Liability
While mesothelioma is most often caused through exposure to asbestos at work however, there are instances of exposure to asbestos through the secondhand material. In these instances, it may be possible to file a premises liability lawsuit against the property owner where the incident occurred. The concept of premises liability is based on the notion that business owners and homeowners have an obligation to keep their properties reasonably secure for guests. This means taking steps like fixing unsafe conditions, or warning guests of dangers.
In addition to landowners and companies that make asbestos products suppliers of asbestos fiber can 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. Based on the facts of a particular case, it could also include retailers who sold asbestos insulation and those who sold it directly to workers.
Typically, a asbestos personal injury lawsuit will be founded on negligence or strict liability. The former is the result of the injured person's failure to take reasonable precautions to protect themselves from the foreseeable dangers of harm. The second involves the victim's trust in the company's claim that the product is safe and that it was safe to use in the manner intended.
There are many important aspects when determining negligence and strict liability for an asbestos-related claim. A plaintiff, for example must prove that defendants knew or should have been aware of the dangers of asbestos 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 evidence that must be considered in asbestos litigation and the difficulty of proving specific actions that were executed or not performed by the defendant.
In Kesner v. Ford Motor Co., and Haver v. General Electric the court decided that a landowner does not have a legal obligation to protect family members from exposure to asbestos due to the possibility of harm. This is because a landowner does not have the same level or experience as an employer in regards to asbestos's potential dangers that employees bring home on their clothing.
Product Liability
If an asbestos victim develops a disease, such as mesothelioma, the law generally holds the defendant company accountable for their exposure. Mesothelioma lawsuits are often brought under the theory of product liability, which says that if someone is injured due to an unreasonable risk product, any person involved in the "chain of distribution" is liable. This includes the manufacturer, material suppliers, wholesalers distributors, retailers and employers; and even property owners, managers and landlords.
An asbestos personal injury attorney can assist victims in identifying potential defendants, and determine which ones to name in a suit. Victims typically identify the company or companies they believe exposed them asbestos in various workplaces. This could include a variety of insulation companies and manufacturers of asbestos-containing materials and mining companies, construction materials and more.
Many asbestos-related companies that manufactured and distributed asbestos-containing products failed leaving them without funds and assets required to compensate victims. To pay claims, several large asbestos trust funds were set up. While filing a claim through an asbestos trust fund isn't the same as filing a mesothelioma lawsuit it could still be beneficial for the victim.
Defendants can be held liable for asbestos-related personal injury claims based on a variety of theories of liability, such as breach of warranty, negligence and strict liability. For mesothelioma cases, it can be difficult to prove the causality due to the fact that symptoms of this cancer typically take several decades to develop. The patient will need to prove that asbestos-containing products they were exposed to led to mesothelioma and not a different cause.
If more than one defendant is determined to be the cause of a victim's mesothelioma, their attorneys may file a petition for an apportionment. Brooklyn Park asbestos attorneys is the process by which the judge or jury determines the amount each defendant owes 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 instances, victims may also be eligible for punitive damages.
Wrongful Death
Anyone who is exposed to asbestos at work are at a higher risk of developing a condition such as asbestosis mesothelioma, lung cancer, or mesotheliom. In the majority of cases, victims are able to determine the location where they were exposed to asbestos by reviewing their work history or medical documents. Asbestos victims may receive financial compensation as a result of their exposure to help cover costs associated with medical expenses, loss of wages, as well as pain and suffering.
Patients suffering from asbestos-related diseases can often file a lawsuit against the companies that put them at risk for exposure. Those companies are held responsible for their negligence and must pay compensation. Compensation can be used to help patients and families pay for specialized treatment for asbestos-related diseases as well as other financial losses resulting from mesothelioma and other illnesses.
Mesothelioma victims should speak to an experienced mesothelioma lawyer about their rights to claim compensation. These lawyers can help you determine the potential value of a mesothelioma claim through a no-cost mesothelioma case review.
Asbestos attorneys may also bring a lawsuit for the wrongful death of loved ones who have passed away due to mesothelioma or a different asbestos-related disease. The wrongful death claim must be filed within a specified period of time and vary from state to state. An attorney can assist the estate representative file a mesothelioma lawsuit for the wrongful death of a loved one and hold negligent asbestos-related businesses accountable for the exposure of their clients.
Wrongful death damages from an asbestos personal injury lawsuit can assist families in coping and also recover additional damages to compensate for their financial loss. These damages include funeral and burial costs, lost income from a deceased's lifetime earnings and emotional and physical pain experienced by family members.
Many of the asbestos companies who made asbestos-containing products have filed for bankruptcy. In the process, these companies now manage trust funds that compensate those who have suffered from their toxic products. Asbestos lawyers are able to help clients submit trust fund claims to these bankruptcy-held companies for compensation. They can also file lawsuits in court if necessary against other businesses.