What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a claim brought by a victim or their loved ones, against the companies responsible for their exposure to asbestos. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related diseases have long latency periods that means it can take years before symptoms are recognized or a diagnosis is established. Asbestos sufferers typically file individual lawsuits rather than class action claims.
Statute of limitations
State statutes of limitation specify specific deadlines for filing lawsuits. These deadlines allow for the preservation of crucial evidence and allow witnesses the chance to give evidence. They also help ensure that a victim's claim is not thrown out due to the delay of too long. The statute of limitations differs from state to state and is based on the type of case. For instance, 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 an asbestos disease, it's crucial to speak with a lawyer as soon as possible. Expert mesothelioma lawyers will 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 depending on the specific circumstances of your case. Factors such as where you reside or work in, the time and location you were exposed to asbestos, and the place and company that exposed you can influence the statute of limitations in your case.
It's important to keep 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 begin with the first asbestos exposure since symptoms can take a long time to manifest. This is known as the discovery rule.
The rule of discovery applies to situations where exposure to asbestos is associated with multiple diseases or cancers. For instance, a person might be diagnosed with asbestosis, but 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 their case is settled and the case is re-opened, it can be converted to a wrongful death lawsuit and the estate of the victim's victims will continue to pursue compensation. This can help alleviate costs like medical bills, funeral costs and lost income.
Finally, some states permit the statute of limitations clock to be paused or tolled in certain situations. Most often, this happens when the victim is a child or is not legally capacity. It could occur if the defendant conceals evidence from victim or their family.
Premises Liability
Mesothelioma is usually an outcome of asbestos exposure in the workplace however in some instances exposure from secondhand sources can be a factor. In these cases you might 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 theory that businesses and homeowners have a duty to keep their property reasonably safe for guests. This means taking steps such as fixing unsafe conditions or advising guests of dangers.
In addition to landowners and companies who manufacture asbestos products suppliers of asbestos fiber can also be held accountable under premises liability. This could include 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 that sold asbestos insulation and those who sold it directly to workers.
A personal asbestos-related injury lawsuit will usually be based either on negligence or strict liability. The former involves the injured party's failure to take reasonable precautions to protect themselves from the foreseeable dangers of harm. The latter involves the victim'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 Arvada asbestos lawyers and negligence in an asbestos case there are a number of key issues to be considered. A plaintiff, for instance must show 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 due to the vast amount of evidence that must be taken into account in asbestos litigation, and the difficulty of showing specific actions 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 owe a duty to protect family members from asbestos exposure in the event of foreseeable harm. This is because the landowner does not have the same level of control or knowledge that an employer of a worker would have regarding 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, the law makes defendant companies accountable for their exposure. Mesothelioma lawsuits are often brought under the theory of product liability, which says that if a person is injured by a dangerous product, any person involved in the "chain of distribution" could be held accountable. This includes the manufacturer, material suppliers wholesalers and distributors, employers, retailers and even landlords, property managers and owners.
An asbestos personal injury attorney can assist victims in identifying potential defendants and decide which ones they should name in a suit. The victims will usually identify the company or companies they believe exposed them to asbestos in various workplaces. This could include multiple different insulation companies and manufacturers of asbestos-containing materials and construction materials, mining companies and more.
Many asbestos companies that produced and sold asbestos-containing products went bankrupt. They were left without resources or funds required to compensate victims. In the aftermath, a number of large asbestos trust funds were set up to pay out claims. While submitting a claim to an asbestos trust fund isn't the same as filing a mesothelioma suit, it could still be beneficial to a victim.
The defendants can be held accountable for asbestos-related personal injury claims based on a variety of theories of liability, including breach of warranty, negligence or strict liability. In cases involving mesothelioma it can be difficult to prove causation because the symptoms of this type of cancer generally take several decades to develop. The victim will have to prove that asbestos-containing products they were exposed to caused mesothelioma in them, and not some other cause.
If more than one defendant is found to be responsible for mesothelioma that has been found in a patient, their attorneys may file an application to apportion. This is the procedure by which a judge or jury decides on the amount each defendant owes the plaintiff.
A mesothelioma lawyer will assess the value of a patient's case in a free consultation. The victims of these lawsuits could receive compensation for both economic and non-economic damages. In some cases victims could also be eligible for punitive damages.
Wrongful Death
People who are exposed to asbestos in their work have a higher chance of developing a condition such as asbestosis mesothelioma, lung cancer, or mesotheliom. In the majority of cases, victims can determine the place of asbestos exposure by looking at their medical records or employment history. Asbestos exposure could result in financial compensation for victims. This could cover medical expenses, lost wages as well as pain and discomfort.
Patients suffering from asbestos-related diseases can often bring a lawsuit against companies who put them at risk for exposure. The companies are held accountable for their negligence and must pay compensation. Compensation can be used to assist patients and families pay for specialized treatment for asbestos-related diseases as well as other financial losses due to mesothelioma or other diseases.
Mesothelioma sufferers should speak with an experienced mesothelioma lawyer regarding their rights to claim compensation. These lawyers can help determine the potential value in mesothelioma lawsuits through a free review 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 condition. Wrongful death claims must be filed within a specific period of time, which varies between states. An attorney can help the estate representative in filing mesothelioma-related wrongful death claims and hold negligent asbestos-related companies accountable for their client's exposure.
Injuries resulting from wrongful death in an asbestos personal injury suit can help families cope and obtain additional damages to compensate for their financial losses. These damages could include funeral and burial costs and lost income from the lifetime earnings of the deceased, as well as the emotional pain and suffering of family members.
Many asbestos companies that made asbestos-containing items have filed for bankruptcy. This has meant that they now manage trust funds which compensate the current and future victims of their toxic products. Asbestos lawyers can help clients submit trust fund claims to these bankruptcy-held firms for compensation. They can also bring a traditional lawsuit in court against other companies should they need to.