What is an Asbestos Personal Injury Lawsuit?
An asbestos personal injury suit is a suit that a victim or their family brings against the companies that caused the exposure they have to asbestos. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related diseases have long latency times that means it can take decades before symptoms are detected or the diagnosis is established. Asbestos sufferers typically file individual lawsuits rather than class action claims.
Statute of Limitations
Lawsuits must be filed within specific deadlines set by the statutes of limitation of each state. These deadlines guarantee that crucial evidence is preserved and witnesses have the opportunity to be heard. They also help ensure that a victim's claim is not dismissed because of the delay of too long. The statute of limitations differs according to the state and depends on the type of case. For example personal injury lawsuits are generally controlled by the date of diagnosis, while cases involving wrongful deaths are governed by the date of deceased's death.
It's important to consult an attorney immediately in the event that you've been informed that you have an asbestos-related disease. Experienced mesothelioma lawyers can review your medical and work information to determine if there is an appropriate basis for a legal claim. They can also assist you in filing your claim with the appropriate jurisdiction, based on the unique circumstances of your situation. Factors like where you lived or worked, the time and where you were exposed and the place of the company that exposed you to asbestos could influence the statute of limitations in your case.
It's also important to keep in mind that the statute begins running the moment you are first diagnosed with a condition related to asbestos. The statute of limitations does not begin with the first asbestos exposure as symptoms may be delayed for a long time before they appear. This is referred to as the discovery rule.
The discovery rule is also applicable 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, a mesothelioma diagnose will trigger a new statute-of-limitations period.
If a mesothelioma patient dies before the case is settled, the lawsuit could be transformed into a wrongful-death lawsuit and the estate of the deceased will continue to seek compensation. This can help alleviate costs like funeral costs, medical bills and loss of income.
Lastly, some states permit the statute of limitations clock to be paused or tolled in certain situations. This typically occurs when the victim is minor or does not have legal capacity. This can be the case if a defendant conceals evidence from the victim or their family.
Premises Liability
Mesothelioma is usually the result of asbestos exposure in the workplace however in some instances exposure to secondhand asbestos is an element. In these cases you could be able to file a premises-liability lawsuit against the owner of the property on which the incident occurred. Premises liability is based on the idea that businesses and homeowners are required to ensure that their premises are safe for visitors. This includes taking steps like fixing unsafe conditions or warning guests of hazards.
In addition to the landowners and businesses who manufacture asbestos products and those who supply asbestos fiber can also be held accountable under premises liability. This can include mines that extracted the material, as well as distribution companies that sold it to producers to use in their products. Based on Fayetteville asbestos attorneys of the case it could also be retailers who stock asbestos insulation or sell asbestos insulation directly to workers.
A personal asbestos lawsuit for injury is usually based on strict liability or negligence. The person who was injured must have failed to take reasonable steps to protect themselves from harm that could have been anticipated. The latter involves the injured party's reliance on a company's representation that the product is safe and that it was safe to use in the manner intended.
In determining strict liability and negligence in asbestos cases there are several important issues to be considered. A plaintiff, for instance must prove that defendants knew or should have been aware that asbestos is dangerous and that the victim’s injury or illness was directly a result of the knowledge. It isn't an easy thing to prove given the huge amount of information that has to 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 declared that a landowner doesn't be held responsible for protecting family members from asbestos exposure based on foreseeable harm. This is because a landowner does not have the same level or experience as an employer in regards to the dangers that asbestos could pose to those brought home by employees on their clothing.
Product Liability
When an asbestos victim develops mesothelioma, or another disease and is diagnosed with a disease, the law holds defendant companies responsible for their exposure. Mesothelioma lawsuits are usually filed under the theory of products liability. This states that anyone involved in the "chain" of distribution could be held responsible if an individual is injured by a dangerous product. This includes the manufacturer, material suppliers, wholesalers distributors, retailers and employers, as well as property owners, managers and landlords.
An asbestos personal injury lawyer can help victims identify potential defendants and decide which ones to name in a lawsuit. Victims will typically mention the company or firms they believe exposed them asbestos on various work sites. This could include a variety of insulation companies and manufacturers of asbestos-containing materials and construction materials, mining companies and many more.
Many asbestos companies that made and distributed asbestos-containing products failed and were left without funds and assets required to compensate victims. To pay claims, a number of asbestos funds were created. A claim filed with an asbestos trust fund is not the same thing as a mesothelioma lawsuit, but it can still help a victim.
The defendants could be held accountable for personal injury claims involving asbestos under a variety of theories of liability. These include breach of warranty, strict liability and negligence. In cases involving mesothelioma 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 the asbestos-containing products they were exposed to caused their mesothelioma, and not some other cause.
If more than one defendant is determined to be the cause of a mesothelioma victim, their lawyers can file a request for apportionment. This is the procedure by which the judge or jury decides on the amount each defendant owes to the plaintiff.
A knowledgeable mesothelioma lawyer can assess the potential value of a patient's case during a free consultation with no obligation. Compensation for victims of these lawsuits can include economic and non-economic damages. In addition some victims may be eligible to receive punitive damages under certain circumstances.
Wrongful Death
Those who have been exposed to asbestos at work are more likely to developing an illness like mesothelioma, lung cancer, or asbestosis. Most often, asbestos-related victims can identify the source of exposure to asbestos by looking at their medical records or employment history. Asbestos exposure can lead to financial compensation for victims. This can be used to cover medical expenses, lost wages, and pain and discomfort.
People with an asbestos-related disease are often able to file a lawsuit against the companies that put them at risk of exposure. The companies are held accountable for their negligence and must pay compensation. The compensation is intended to aid patients and their families cover the cost of special treatments for asbestos illnesses and other financial losses resulting from mesothelioma and other diseases.
Mesothelioma patients should consult an experienced mesothelioma lawyer regarding their rights to seek compensation. These attorneys can determine the potential value of mesothelioma claims by conducting a free analysis of mesothelioma lawsuits.
Asbestos lawyers may also file a wrongful-death lawsuit on behalf of loved ones who have died from mesothelioma or another asbestos-related disease. State-by-state, wrongful deaths claims must be filed within a certain time frame. An attorney can help the estate representative file a mesothelioma suit for wrongful death and hold negligent asbestos-related companies accountable for their client's exposed.
Wrongful death compensation from an asbestos personal injury lawsuit can help families cope with the death of loved ones and seek additional damages for their financial losses. These damages include funeral and burial expenses and lost income from a deceased's lifetime earnings and pain and emotional distress experienced by family members.
Many of the asbestos companies that produced asbestos-containing products have filed for bankruptcy. As a result, these companies now oversee trust funds that pay the current and future victims of their toxic products. Asbestos lawyers can help clients to file trust fund claims to compensation from these companies that are in bankruptcy. They can also file a traditional lawsuit in court against other companies should they need to.