What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit for asbestos is a lawsuit brought by a victim or their family members, against the companies responsible for their asbestos exposure. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related illnesses have long latency times, meaning it can take decades before symptoms are identified or a diagnosis is confirmed. Asbestos sufferers typically have to file individual lawsuits, not class action claims.
Statute of limitations
The lawsuit are required to be filed within certain time limits outlined by state statutes of limitations. These deadlines ensure that important evidence is kept and witnesses have the opportunity to testify. They also help ensure that the claim of a victim is not dismissed because of the delay of too long. The statute of limitations differs by state and is dependent on the type case. For example, personal injury lawsuits are generally controlled 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 illness, it's essential to consult with a lawyer as soon as you can. Professional mesothelioma lawyers are able to examine your medical and work background to determine if there is a basis for a legal claim. They can also assist you to make the claim in the most appropriate place depending on your particular situation. Abilene asbestos attorney as where you resided or worked, the date and where your exposure occurred and the place of the companies that exposed you to asbestos might play into the time limit in your case.
It's important to bear in mind that the statute starts running when you first get diagnosed with an illness that is related to asbestos. The statute of limitations does not start with the first asbestos exposure since symptoms can take a long time to manifest. This is known as the discovery rule.
The discovery rule also applies in cases where asbestos exposure is linked to multiple diseases or cancers. A person could be diagnosed with asbestosis, and later develop mesothelioma. In most states, the mesothelioma diagnosis will be the trigger for an extension of the time limit for the statute of limitations.
If a mesothelioma patient passes away before their case is settled, it can be converted to a wrongful-death lawsuit. The estate of the victim may continue to pursue compensation. This can help alleviate expenses such as medical bills, funeral costs and lost income.
Lastly, some states permit the statute of limitations clock to be paused or tolled in certain situations. This usually happens when the victim is minor or is not legally competent. It can also happen if the defendant hides evidence from the victim or their family.
Premises Liability
Mesothelioma is usually an outcome of asbestos exposure in the workplace however in some instances, secondhand exposure is also an element. In these instances you might be legally able to file a premises-liability lawsuit against the owner of the premises where the incident occurred. Premises liability is based on the theory that businesses and homeowners have a duty to ensure that their premises are safe for guests. This means fixing unsafe conditions or warn guests of dangers.
In addition to landowners, companies who made asbestos-related products and those that supplied asbestos fiber raw can also be held liable under premises liability. This includes mining companies that harvest the material and distribution companies that sell it to manufacturers for use in their products. According to the facts of the matter it could also be retailers who stock asbestos insulation, or who sell asbestos insulation directly to workers.
Typically, an asbestos personal injury lawsuit will be one of negligence or strict liability. The former involves the injured person's inability to take reasonable care to protect himself or herself from foreseeable risks of harm. The second involves the victim's reliance on the company's claim that the product is safe and 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. For example, a plaintiff must prove that the defendant was aware or should have knew that asbestos was a risk and that the victim's injury or illness was the direct result of that knowledge. This is difficult to prove, given the large amount of information needed in asbestos litigation. It's also difficult to demonstrate specific actions that were taken or not taken by the defendant.
In Kesner v. Ford Motor Co. and Haver v. General Electric the court ruled that a landowner cannot owe a duty to protect family members from exposure to asbestos based on foreseeable harm. This is because the landowner does not have the same degree of control or knowledge that a worker's employer could have about the potential risks of asbestos exposure from work that comes home on an employee's clothing.
Product Liability
When an asbestos-related victim develops mesothelioma or another disease and is diagnosed with a disease, the law makes defendant companies accountable for their exposure. Mesothelioma suits are frequently brought under the theory products liability. This means that anyone who is part of the "chain" of distribution could be held accountable when an individual is injured by a harmful product. This includes the manufacturer, material suppliers wholesalers and distributors, retailers, employers and even property managers, landlords and owners.
An asbestos personal injury lawyer can help victims identify potential defendants and determine which ones to name in a lawsuit. The victims will usually identify the company or companies they believe exposed them asbestos at various jobsites. This could include a variety of insulation companies as well as manufacturers of asbestos-containing products and mining companies, construction materials and many more.
Many asbestos-related companies that made and distributed asbestos-containing goods were unable to survive. They were left without the resources or funds required to compensate victims. As a result, several large asbestos trust funds were established to pay out claims. A claim filed through asbestos trust fund isn't the same as a mesothelioma claim but it can aid the victim.
The defendants may be held accountable for personal injury claims involving asbestos under various theories of liability. This includes breach of warranty, strict liability, and negligence. In cases involving mesothelioma, proving causation can be difficult because symptoms of this type of cancer generally take a long time to develop. The patient must prove that asbestos-containing products they were exposed to caused mesothelioma and not some other cause.
If more than one defendant is found to be responsible for mesothelioma that has been found in the victim, their lawyers may file an application to apportion. This is a procedure by the jury or judge decides on the amount each defendant owes to the plaintiff.
An experienced mesothelioma attorney can assess the potential value of a patient's case in a no-cost consultation, without obligation. Victims of these lawsuits may receive compensation for economic as well as non-economic damages. In rare cases, victims may also be eligible for punitive damages.
Wrongful Death
Anyone who is exposed to asbestos while at work are at a higher risk of developing a disease such as asbestosis, lung cancer or mesothelioma. In the majority of cases, victims can identify the place they were exposed to asbestos through their work information or medical records. Asbestos-related victims could receive financial compensation due to their exposure to assist in covering costs associated with medical expenses, lost wages, and suffering and pain.
Patients suffering from asbestos-related diseases often file a lawsuit against companies who exposed them to asbestos. These companies are held accountable for their negligence and must pay compensation. Compensation can be used to assist families and patients pay for specialized treatment for asbestos-related diseases as well as other financial losses related to mesothelioma or other diseases.
Mesothelioma patients should speak with an experienced mesothelioma attorney about their rights to be compensated. These attorneys can help determine the potential worth of a mesothelioma lawsuit through a no-cost mesothelioma case review.
Asbestos lawyers can also file a wrongful death lawsuit on behalf of loved ones who have died from mesothelioma, or any other asbestos-related disease. For wrongful death claims, they must be filed within a specified period of time that varies between states. An attorney can assist the estate representative to file a mesothelioma wrongful death claim and hold negligent asbestos-related businesses accountable for their client's exposure.
Injuries resulting from wrongful death in asbestos personal injury lawsuits can help families cope and obtain additional damages to cover their financial loss. These damages include funeral and burial costs as well as the loss of income resulting from a deceased's lifetime earnings as well as emotional distress and pain experienced by family members.
Many asbestos companies that produced asbestos-containing products have filed for bankruptcy. This has meant that these companies now oversee trust funds which compensate the those who have suffered from their toxic products. Asbestos lawyers can help clients submit trust fund claims to these bankruptcy-held companies for compensation. They can also file lawsuits in court if needed against other businesses.