What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit for asbestos is a claim brought by a victim, or their family, against the companies responsible for their exposure to asbestos. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related ailments have long latency times which means it could take years before symptoms are identified or a diagnosis is made. Asbestos sufferers typically have individual lawsuits filed instead of group action claims.
Statute of Limitations
State statutes of limitation provide specific deadlines for filing lawsuits. These deadlines ensure that crucial evidence is preserved and witnesses are given the chance to testify. These deadlines also ensure that a victim's claim isn't dismissed because of the time frame. The time period for filing a claim is different for each state and based on the nature of the case. Personal injury lawsuits, for instance are governed primarily by the date on which the diagnosis was made. For cases involving wrongful death, the statute of limitations is mostly governed by the date when the deceased died.
If you've been diagnosed with an asbestos-related illness, it's essential to speak with a lawyer as quickly as you can. Professional mesothelioma lawyers are able to look over your medical and employment background to determine if there's a basis for a legal case. They can also help you in submitting the claim to the appropriate jurisdiction, based on the unique circumstances of your situation. Factors such as where you resided or worked, when and where your exposure occurred and the location of the company that exposed you to asbestos might influence the limitation period in your case.
In addition, it's important to keep in mind that the statute of limitations runs on the date you first were diagnosed with an asbestos-related illness. It doesn't start from the initial exposure, as symptoms can take a long time to manifest. This is referred to as the discovery rule.
The rule of discovery applies to cases where asbestos exposure is associated with multiple diseases or cancers. For example, a person may be diagnosed with asbestosis, but later develop mesothelioma. In most states, a mesothelioma diagnosis could trigger a new time limit for the statute of limitations.
If a mesothelioma patient dies before the case is settled, the case could be transformed into a wrongful death lawsuit and the estate of the deceased will continue to pursue compensation. This could help with costs such as medical bills, funerals and income loss.
In certain situations, states allow the clock to be stopped or tolled. This is typically the case when a victim is minor or is not legally competent. It could occur if the defendant conceals evidence from the victim or their family.
Premises Liability
While mesothelioma is most often caused by occupational exposure to asbestos certain cases are caused by exposure through secondhand contact with the hazardous substance. In these cases you might be able to file a premises-liability lawsuit against the owner of the property where the incident took place. Federal Way asbestos attorneys of premises liability is based on the premise that homeowners and business owners have an obligation to keep their properties reasonably safe for guests. This means making steps to correct unsafe conditions or to warn guests of potential dangers.
In addition to landowners, companies who made asbestos-related products and those who supplied raw asbestos fiber can also be held liable under premises liability. This can include mining companies that harvest the fiber and distribution companies that sell it to manufacturers for use in their products. Based on the facts of a particular case it could also be retailers that stocked asbestos insulation and those who sold it to workers directly.
A personal injury lawsuit involving asbestos will usually be based either on negligence or strict liability. The person who suffered the injury must have failed to take reasonable precautions to safeguard themselves from harm that was foreseeable. The person who is injured relies on the company's assurance that the product was safe and can be used in the manner intended.
In establishing strict liability and negligence in asbestos cases there are several important issues to be considered. For instance the plaintiff must demonstrate that the defendant was aware or should have been aware of the dangers of asbestos and that the victim's injury or illness resulted directly from this knowledge. It is difficult to prove, due to the large amount of evidence required in asbestos litigation. It's also difficult to demonstrate specific actions that were that were taken or not 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 in the event of foreseeable harm. This is because a landowner doesn't have the same level of 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 or asbestosis, the law generally holds the defendant company accountable for their exposure. Mesothelioma lawsuits are usually filed under the theory of products liability. This implies that any person who is involved in the "chain" of distribution can be held responsible when an individual is injured by a hazardous product. This includes the manufacturer, the material suppliers wholesalers and distributors, retailers, employers and even property managers, landlords and owners.
An asbestos personal injury lawyer can help victims find potential defendants and determine which ones to name in a lawsuit. The victims will usually name the company that they believe exposed them to asbestos on various job sites. This could include multiple different insulation companies, manufacturers of asbestos-containing products and mining companies, construction materials and more.
Many asbestos-related companies that made and distributed asbestos-containing products went under and were left without funds and assets needed to pay compensation to victims. As a result, several large asbestos trust funds were set up to pay out claims. A claim filed with an asbestos trust fund isn't the same as a mesothelioma claim however, it could benefit the victim.
Defendants can be held liable for asbestos personal injury claims based on several theories of liability, such as breach of warranty, negligence or strict liability. It can be difficult to prove the causation for mesothelioma since the symptoms of this cancer typically take many years to appear. The patient will need to prove that asbestos-containing products they were exposed to caused mesothelioma and not another cause.
If more than one defendant is determined to be responsible for a victim's mesothelioma, their attorneys may file a petition for an apportionment. This is the process that the judge or jury determines the amount each defendant owes the plaintiff.
A mesothelioma lawyer can evaluate the value of a patient's case through a free consultation. Compensation for victims of these lawsuits can include economic and non-economic damages. Additionally, certain victims may be eligible to receive punitive damages in rare circumstances.
Wrongful Death
Those who are exposed to asbestos while at work are at a higher risk of developing a disease such as asbestosis mesothelioma, lung cancer or mesothelioma. Most often, asbestos-related victims can identify the source of asbestos exposure by examining their medical records or job background. Asbestos exposure can result in financial compensation for victims. This can cover medical expenses, lost wages, and pain and discomfort.
People suffering from asbestos-related diseases often bring a lawsuit against the companies that exposed them. Those companies are held responsible for their negligence and must pay compensation. Compensation can be used to assist families and patients to pay for treatment that is specialized for asbestos-related diseases and other financial losses resulting from mesothelioma and other illnesses.
Mesothelioma patients should consult an experienced mesothelioma lawyer regarding their rights to claim compensation. These attorneys can determine the potential value of mesothelioma claims during a free review of mesothelioma claims.
Asbestos lawyers may also file a wrongful-death lawsuit on behalf of loved ones who have died from mesothelioma or a different asbestos-related illness. State-by-state, wrongful deaths claims must be filed in the specified time frame. An attorney can help the estate representative in filing mesothelioma-related wrongful death claims and hold negligent asbestos-related companies accountable for the exposure of their clients.
Compensation for the wrongful death resulting from asbestos personal injury lawsuits 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 as well as the loss of income resulting from the lifetime earnings of a deceased and pain and emotional distress experienced by family members.
Many of the asbestos companies that made asbestos-containing items have filed for bankruptcy. These companies are now in charge of trust funds that pay compensation to the victims of the past and the future. Asbestos lawyers can help clients file trust fund claims for compensation from these companies that are in bankruptcy. They can also bring a traditional lawsuit in court against other companies should they need to.