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What is an Asbestos Personal Injury Lawsuit?

A personal injury lawsuit involving asbestos is a lawsuit brought by a victim, or their family, against the companies responsible for their asbestos exposure. Compensation is awarded for a range of damages.

Mesothelioma and other asbestos-related ailments have long latency periods, meaning it can take years before symptoms are recognized or the diagnosis is made. Asbestos patients often file individual lawsuits instead of class action claims.

Statute of limitations

State statutes of limitation specify specific deadlines for filing lawsuits. These deadlines ensure that crucial evidence is preserved and witnesses have the opportunity to be heard. They also ensure that a victim's claim 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 example, personal injury lawsuits are usually governed by the date of diagnosis while the cases involving wrongful death are determined by the date of deceased's death.

If you've been diagnosed with asbestos-related disease, it's important to speak with a lawyer as soon as possible. Professional mesothelioma lawyers will review your medical history and job history to determine if you're eligible to file a claim. They can also assist you to file the claim in the most appropriate place in light of your specific situation. Factors such as the place you work or live, when and where you were exposed to asbestos and the location and company that exposed you could influence the statute of limitations in your case.

Additionally, it's important to keep in mind that the statute of limitations starts at the time you first became aware of an asbestos attorney-related disease. The time limit does not start with the first asbestos exposure as symptoms may take a long time to manifest. This is known as the discovery rule.

The discovery rule also applies to cases involving multiple diseases or cancers related to asbestos exposure. For example, 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 patient passes away before the case is resolved and the case is re-opened, it can be converted to a wrongful-death lawsuit. The estate of the victim's victims may continue to pursue compensation. This can help with expenses such as funeral costs, medical bills and income loss.

In certain situations, certain states will allow the clock to be tolled or paused. This is typically the case when a victim is minor or lacks legal capacity. It can occur if the defendant conceals evidence from the victim or their family.

Premises Liability

Mesothelioma is usually the result of occupational asbestos lawsuit exposure however, in some cases, secondhand exposure is also an element. In these cases you could be in a position to file a premises liability lawsuit against the owner of the property where the incident took place. 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 steps like fixing unsafe conditions, or warning guests of potential dangers.

In addition to landowners, companies that made asbestos products and those that provided asbestos fiber raw can also be held accountable under premises liability. This could include mining companies that harvest the fiber and distribution companies that sell the material to manufacturers for use in their products. Based on the facts of the case, this could also include retailers who stock asbestos insulation or those who sell it directly to workers.

A personal asbestos lawsuit for injury will typically be based on negligence or strict liability. The injured person must have failed to take reasonable precautions to protect themselves from harm that was pre-planned. The person who is injured relies on the company's guarantee that the product was safe and could be used as intended.

In establishing strict liability and negligence in an asbestos case there are several important issues to be considered. For instance, 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 was a direct result of this knowledge. It isn't an easy thing to do given the extensive amount of information that must be taken into account 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 judge ruled that a landowner's duty to safeguard household members from exposure to secondhand asbestos is not based on the risk of harm that is foreseeable. This is because a landowner does not have the same level or understanding as an employer regarding the dangers that asbestos could pose to those brought home by employees on their clothing.

Product Liability

If an asbestos victim develops mesothelioma or another disease it is the law that holds defendant companies responsible for their exposure. Mesothelioma lawsuits are often brought under the theory of products liability, which stipulates that if a person is injured by a dangerous product, any person involved in the "chain of distribution" is liable. This includes the manufacturer, material suppliers wholesalers and distributors, employers, retailers and even property managers, landlords and owners.

An asbestos personal injury lawyer can help victims identify potential defendants and decide the ones to name in a lawsuit. The victims will usually name the company that they believe exposed them to asbestos at various work places. This could include different insulation companies, manufacturers and suppliers of asbestos-containing construction materials and products, mining companies, and more.

Many of the asbestos companies that produced and sold asbestos-containing products went bankrupt and were left without assets and funds needed to pay victims. As a result, several large asbestos trust funds were established to pay claims. A claim that is filed using asbestos trust fund is not the same as a mesothelioma suit but it can benefit a victim.

Defendants can be held liable for asbestos-related personal injury claims based upon a variety of theories of liability, such as breach of warranty, negligence or strict liability. For mesothelioma cases, proving causation can be difficult because symptoms of this type of cancer generally take several decades to develop. The victims must prove that the asbestos-containing substance they were exposed to is what caused their mesothelioma and that it wasn't due to some other cause.

If more than one defendant has been found responsible for the mesothelioma of a patient, their attorneys may file an application to divide. This is the procedure through which the judge or jury decides how much money each defendant owes to the plaintiff.

A mesothelioma lawyer will assess the value of a patient's case during a no-cost consultation. Compensation awarded to victims in these lawsuits can include economic and non-economic damages. In some cases, victims may also be eligible for punitive damages.

Wrongful Death

Those who are exposed to asbestos in their work are at a higher risk of developing a condition such as asbestosis, lung cancer or mesothelioma. In most cases, victims can determine where they were exposed to asbestos based on their work history or medical records. Asbestos exposure can result in financial compensation for victims. This can cover medical expenses, lost wages and pain and discomfort.

Patients suffering from asbestos-related diseases often bring a lawsuit against the companies that exposed them to asbestos. The companies are held accountable for their negligent conduct and are required to pay compensation. Compensation can be used to help patients and families pay for specialized treatment for asbestos-related diseases and other financial losses due to mesothelioma or other diseases.

Mesothelioma patients should consult an experienced mesothelioma lawyer regarding their rights to be compensated. They can assess the potential value of mesothelioma lawsuits by conducting a free analysis of mesothelioma claim.

Asbestos lawyers can also file a wrongful death lawsuit on behalf of loved ones who have passed away from mesothelioma or another asbestos-related disease. State-by-state, wrongful deaths claims must be filed within a certain time frame. An attorney can assist the estate representative to file a mesothelioma wrongful death claim and hold negligent asbestos attorney-related companies accountable for their client's exposure.

Injuries resulting from wrongful death in an asbestos personal injury suit can assist families in coping and obtain additional damages to offset their financial loss. These damages include funeral and burial expenses, lost income from the lifetime earnings of a deceased as well as emotional distress and pain suffered by family members.

Many of the asbestos companies that made asbestos-containing items have filed for bankruptcy. These companies are now responsible for trust funds that pay compensation to the victims of the past and the future. Asbestos lawyers can assist clients to file trust fund claims to compensation from these bankruptcy-owned companies. They may also file a lawsuit in court if needed against other companies.