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 exposure to asbestos. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related diseases are known to have long latency times. This means it could take years before symptoms or diagnoses are identified. Asbestos sufferers typically make individual lawsuits instead of class action claims.
Statute of limitations
State statutes of limitations specify specific deadlines for filing lawsuits. These deadlines ensure that crucial evidence is kept and witnesses are given the chance to testify. They also ensure that a victim's claim is not thrown out due to the delay of too long. The specific time limit for a claim is different for each state and based on the nature of the case. For instance personal injury lawsuits are typically governed by the date of diagnosis, whereas wrongful death cases are controlled by the date of deceased's death.
If you've been diagnosed with an asbestos disease, it's crucial to talk with a lawyer as quickly as you can. Professional mesothelioma lawyers will review your medical and employment history to determine if you may have grounds for a legal claim. They can also help you file the claim in the most appropriate place depending on your particular situation. Factors such as where you reside or work in, the time and location you were exposed to asbestos, and the location and company which exposed you may affect the statute of limitation in your case.
In addition, it's important to remember that the statute of limitations runs from the date you first were diagnosed with an asbestos-related illness. It doesn't start from the initial exposure, as symptoms may take years to show. This is known as the discovery rule.
The rule of discovery applies to cases where asbestos exposure is associated with multiple illnesses or cancers. For instance, a patient might be diagnosed with asbestosis and later develop mesothelioma. In most states, a mesothelioma diagnose would trigger a new statute-of-limitations period.
If a mesothelioma sufferer dies before the case is resolved the case can be changed to a wrongful death lawsuit. The estate of the victim's victims may continue to pursue compensation. This can cover expenses like funeral costs, medical bills and income loss.
In certain situations, certain states allow the clock to be tolled or paused. This usually happens when a victim is a minor or does not have legal capacity. It could also happen when the defendant hides evidence from the plaintiff or their family members.
Premises Liability
Mesothelioma is usually the result of exposure to asbestos in the workplace, but in some cases, secondhand exposure is also a factor. In these instances, it may be possible to bring a premises liability suit against the property owner where the incident occurred. The concept of premises liability is based on the premise that business owners and homeowners have a responsibility to keep their properties reasonably safe for guests. This means taking steps to fix unsafe conditions or warn guests of dangers.
In addition to landowners, companies that made asbestos products and those that supplied asbestos fiber raw can also be held liable under premises liability. This includes mining companies that extract the material and distribution companies that sell it to manufacturers to use in their products. Based on the circumstances of a particular case it could also be retailers that stocked asbestos insulation and those who sold it directly to workers.
Typically, an asbestos personal injury lawsuit will typically be based on negligence or strict liability. The former involves the injured party's failure to exercise reasonable care to safeguard himself or herself from the foreseeable dangers of harm. The second is the victim's trust in a company's representation that the product is safe and was safe to use as intended.
There are many important aspects in establishing negligence and the strict liability of asbestos claims. A plaintiff, for example, must prove that defendants were aware or ought to have been aware that asbestos is dangerous and that the victim’s injury or illness resulted directly from the knowledge. This isn't easy to prove due to the vast amount of information that must be taken into account in asbestos litigation, and the difficulty of the proof of specific actions executed or not performed by the defendant.
For instance, in Kesner v. Ford Motor Co. and Haver v. General Electric, the court determined that the landowner's obligation to protect their household members from secondhand exposure to asbestos is not based on the foreseeable risk of harm. This is because a landowner does not have the same level of knowledge as an employer about the potential dangers of asbestos that employees bring home on their clothing.
Product Liability
When an asbestos victim develops mesothelioma or another disease it is the law that holds defendant companies responsible for their exposure. Mesothelioma lawsuits are usually brought under the doctrine of product liability. This implies that anyone involved in the "chain" of distribution could be held accountable in the event that someone is injured by a harmful product. This includes the manufacturer, material suppliers wholesalers and distributors, employers, retailers and even property managers, landlords and owners.
Atlanta asbestos lawsuits can help victims identify potential defendants, and help them decide which ones to name in a suit. The victims will usually name the company that they believe exposed them asbestos on different job places. This could include a variety of insulation companies, manufacturers of asbestos-containing products and mining companies, construction materials and many more.
Many asbestos companies that produced and distributed asbestos-containing goods ended up in bankruptcy. They were left without assets or funds necessary to compensate victims. To pay claims, several large asbestos funds were established. A claim that is filed using asbestos trust fund is not the same thing as a mesothelioma lawsuit however, it could benefit a victim.
The defendants may be held accountable for personal injury claims involving asbestos under several theories of liability. These include breach of warranty, strict liability and negligence. For mesothelioma cases, it can be difficult to prove causation because symptoms of this cancer typically take a long time to develop. The victims must prove that the asbestos-containing substance they were exposed to was what caused their mesothelioma and that it wasn't caused by any other reason.
If more than one defendant is found to be responsible for the mesothelioma victim, their lawyers can request an apportionment. This is the process by which a jury or judge decides how much money each defendant owes to the plaintiff.
A mesothelioma lawyer can assess the value of a patient's case during a no-cost consultation. Compensation for victims of these lawsuits can include economic and non-economic damages. In addition certain victims could be eligible for punitive damages in certain circumstances.
Wrongful Death
Anyone who has been exposed to asbestos in their work environments have a higher chance of developing a disease such as mesothelioma or lung cancer or asbestosis. In the majority of cases, victims can determine the place of exposure to asbestos by looking at their medical records or job background. Asbestos exposure could result in financial compensation for the victims. This can be used to cover medical expenses, lost wages, and pain and discomfort.
Patients suffering from asbestos-related diseases can often sue companies that put them at risk of exposure. Those companies are held responsible for their negligence and must pay compensation. The compensation is intended to aid patients and their families pay the cost of special treatments for asbestos diseases and other financial losses resulting from mesothelioma as well as other diseases.
Mesothelioma patients should speak with an experienced mesothelioma attorney about their rights to compensation. They can assist in determining the potential value of a mesothelioma case in a free mesothelioma lawsuit 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. State-by-state, wrongful-death claims must be filed within the specified time frame. An attorney can help the estate representative to file a mesothelioma wrongful death claim and hold the negligent asbestos-related companies responsible for their client's exposure.
Compensation for wrongful death from an asbestos personal injury lawsuit can help families cope with the death of a loved one and recover additional damages for their financial losses. These damages could include funeral and burial expenses and lost income from the deceased's lifetime earnings and the emotional and physical distress suffered by family members.
Many asbestos-related companies that produced asbestos-containing products have declared themselves bankrupt. These companies are now in charge of trust funds that pay compensation to the current and future victims. Asbestos attorneys can help clients file trust fund claims for compensation from these bankruptcy-held companies. They can also make a traditional complaint in court against other firms in the event of a need.