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What is an Asbestos Personal Injury Lawsuit? A personal injury lawsuit for asbestos is a claim filed by a victim or their family members, against the companies that caused their asbestos exposure. Compensation is awarded for a variety of damages. Mesothelioma and other asbestos-related diseases have long latency periods which means it could take years before symptoms are identified or the diagnosis is confirmed. Asbestos patients typically make individual lawsuits instead of group action claims. Statute of Limitations State statutes of limitations specify specific deadlines for filing lawsuits. These deadlines ensure that important evidence is preserved and that witnesses are given the chance to give evidence. These deadlines also ensure that a victim’s claim isn't dismissed because of the length of time. The exact statute of limitations varies by state and depends on the type of case. For instance personal injury lawsuits are generally determined by the date of diagnosis, whereas cases involving wrongful deaths are governed by the date of the deceased's death. It's important to consult an attorney immediately in the event that you've been informed that you suffer from an asbestos-related illness. Expert mesothelioma lawyers will examine your medical and work history to determine if there is a basis for a legal claim. They can also assist in filing your claim with the proper jurisdiction in accordance with the specific circumstances of your case. Factors like where you reside or work in, the time and location you were exposed to asbestos as well as the location and business that exposed you could alter 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 were diagnosed with an asbestos-related disease. It doesn't begin with the first exposure, since symptoms can take a long time to manifest. This is referred to as the discovery rule. The discovery rule is also applicable to cases that involve multiple cancers or diseases related to asbestos exposure. For instance, a person may have been diagnosed with asbestosis, but later develop mesothelioma. In most states, a mesothelioma diagnose will trigger a new statute-of-limitations period. If a mesothelioma patient dies before the case is settled, the lawsuit can be converted into a wrongful-death lawsuit and the estate of the deceased may continue to pursue compensation. This could help with costs like medical bills, funerals and lost income. In certain situations, states allow the clock to be stopped or tolled. This usually happens when a victim is a minor or is not legally competent. It can also happen if the defendant conceals evidence from victim or their family. Premises Liability Mesothelioma most often occurs as a result of occupational asbestos exposure, but in some cases exposure to secondhand asbestos is an element. In those instances it is possible to file a premises liability lawsuit against the property owner in 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 means taking steps like fixing unsafe conditions or advising guests of hazards. In addition to landowners, companies that produced asbestos-related products as well as those that provided raw asbestos fiber can also be held liable under premises liability. This can include mines that harvested the material, as well as distribution companies that sold it to producers to be used in their products. Based on the circumstances of a particular case, it could also include retailers that stocked asbestos insulation and those who sold it to workers directly. A personal asbestos-related injury lawsuit is usually based on strict liability or negligence. The injured person must have failed to take reasonable precautions to protect themselves from harm that was foreseeable. The latter involves the victim's reliance on the company's claim that the product is safe and was safe to use as intended. In determining Hollywood asbestos lawsuits and negligence in an asbestos case there are a number of key issues to be considered. For example the plaintiff must show that the defendant knew or should have been aware of the dangers of asbestos and that the victim's injury or illness was a direct result of this knowledge. This isn't easy to do given the extensive amount of information that has to 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 decided that a landowner does not have a legal obligation to protect family members from asbestos exposure due to the possibility of harm. This is because a landowner doesn't have the same level or experience as an employer in regards to the potential dangers of asbestos brought home by employees on their clothing. Product Liability When an asbestos-related victim develops mesothelioma, or another disease, the law holds the defendant company accountable for their exposure. Mesothelioma lawsuits are typically brought under the theory products liability. This states that any person who is involved in the “chain” of distribution could be held responsible if a person is injured by a harmful product. This includes the manufacturer; wholesalers, material suppliers, distributors and retailers; employers, as well as property owners, managers, and landlords. An asbestos personal injury lawyer can assist victims find potential defendants and determine which ones to name in a lawsuit. Victims typically mention the company or firms they believe exposed them asbestos in various workplaces. This could include multiple different insulation companies as well as manufacturers of asbestos-containing products and mining companies, construction materials and more. Many of the asbestos companies that made and distributed asbestos-containing products went bankrupt and were left without funds and assets required to pay victims. To pay for claims, a number of asbestos funds were created. While filing a claim through an asbestos trust fund is not the same as filing a mesothelioma lawsuit, it can still be beneficial for a victim. Defendants could be held liable for asbestos-related personal injury claims based on several theories of liability, such as breach of warranty, negligence and strict liability. It is often difficult to prove causality in cases of mesothelioma because the symptoms of this cancer can take several years to show. 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 the cause of a victim's mesothelioma, their attorneys can file a request for an apportionment. This is the process through which a judge or jury determines the amount each defendant owes the plaintiff. A knowledgeable mesothelioma lawyer can evaluate the potential value of a patient's case during a free, no-obligation consultation. Compensation for victims of these lawsuits may include financial and non-economic damages. Additionally some victims may be eligible to receive punitive damages in certain circumstances. Wrongful Death Anyone who has been exposed to asbestos in their work environments are more likely to developing a disease such as mesothelioma, lung cancer or asbestosis. In most cases, patients are able to determine the location where they were exposed to asbestos based on their job information or medical documents. Asbestos victims may receive financial compensation as a result of their exposure, to help pay for expenses related to medical expenses, loss of wages, and suffering and pain. Patients suffering from asbestos-related diseases are often able to file a lawsuit against the companies that put them at risk for exposure. These companies are held accountable for their negligence and must pay compensation. The compensation is intended to assist patients and their families cover the costs of specialized treatments for asbestos illnesses and other financial losses resulting from mesothelioma and other diseases. Mesothelioma victims should speak to an experienced mesothelioma lawyer regarding their rights to pursue compensation. They can assist in determining the potential value of a mesothelioma case during a free mesothelioma claim review. Asbestos lawyers can also file a wrongful-death lawsuit on behalf of loved ones who have passed away from mesothelioma or a different asbestos-related condition. Wrongful death claims must be filed within a specific period of time, which varies between states. An attorney can assist the estate representative file a mesothelioma claim for the wrongful death of a loved one and hold negligent asbestos-related companies accountable for the exposure of their clients. Compensation for the wrongful death resulting from an asbestos personal injury lawsuit can help families deal with the loss of loved ones and obtain additional damages for their financial losses. These damages can 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. This has meant that they now manage trust funds that compensate present and future victims of their toxic products. Asbestos attorneys can help clients make trust fund claims for compensation from these companies that are in bankruptcy. They can also bring a traditional lawsuit in court against other businesses if necessary.