What is an Asbestos Personal Injury Lawsuit?
A personal injury lawsuit involving asbestos is a claim the victim or their family brings against the company responsible for the exposure they have to asbestos. Compensation is awarded for a variety of damages.
Mesothelioma and other asbestos-related ailments have long latency periods which means it could take decades before symptoms are detected or a diagnosis is confirmed. Asbestos victims often have to file individual lawsuits, not group action claims.
Statute of limitations
Lawsuits are required to be filed within certain deadlines set by state statutes of limitations. These deadlines allow for the preservation of important evidence and allow witnesses the opportunity to testify. They also ensure that the claim of a victim is not thrown out due to the delay of too long. The statute of limitations differs by state and is dependent on the type of case. For example, personal injury lawsuits are usually controlled by the date of diagnosis, while cases involving wrongful deaths are controlled by the date of deceased's death.
It's important to consult an attorney immediately if you've been told that you have an asbestos-related disease. Experienced mesothelioma lawyers can look over your medical and employment information to determine if there is an appropriate basis for a legal claim. Appleton asbestos lawyers can also assist you to file the claim in the most appropriate place in light of your specific situation. Factors like the place you work or live, when and where you were exposed to asbestos and the location and company that exposed you can alter the statute of limitations in your case.
It's also important to keep in mind that the statute begins running the moment you are first diagnosed with an illness related to asbestos. It doesn't begin from the initial exposure, as symptoms can take a long time to show up. This is referred to as the discovery rule.
The rule of discovery is also applicable to cases involving multiple cancers or diseases that are that are caused by asbestos exposure. A person may be diagnosed with asbestosis and later develop mesothelioma. In the majority of states, a mesothelioma diagnosis could trigger an extension of the statute of limitations period.
If a mesothelioma patient dies before their case is resolved, it can be converted into a wrongful death lawsuit and the estate of the victim can continue pursuing compensation. This could help with costs such as funeral costs, medical bills and income loss.
Lastly, some states allow the statute of limitations clock to be paused or tolled in certain situations. This usually happens when the victim is minor or lacks legal capacity. It can be the case if a defendant hides evidence from the victim or their family.
Premises Liability
Mesothelioma most often occurs as the result of exposure to asbestos in the workplace, but in some cases exposure from secondhand sources can be an element. In these cases you could be in a position to file a premises liability lawsuit against the owner of the premises where the incident took place. Premises liability is founded on the notion that business owners and homeowners are required to keep their properties reasonably secure for guests. This includes taking steps to fix unsafe conditions or warn guests of hazards.
In addition to landowners, companies that made asbestos products and those that supplied raw asbestos fiber can also be held liable under premises liability. This includes mines that harvested the material and distribution companies that sold it to manufacturers to be used in their products. According to the facts of the case, this could also include retailers who stock asbestos insulation or those who sell it directly to workers.
A personal asbestos-related injury lawsuit is usually based on negligence or strict liability. The former is the result of the injured party's failure to take reasonable care to protect himself or herself from the foreseeable dangers of harm. The injured party is relying on the company's guarantee that the product was safe and could be used as intended.
In determining strict liability and negligence in asbestos cases there are several important issues to be considered. For instance the plaintiff must show that the defendant knew or ought to have been aware of the dangers of asbestos and that the victim's illness or injury was a direct result of that knowledge. This is difficult to prove, given the amount of information required in asbestos litigation. It's also hard to prove specific actions 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 owe a duty to protect family members from exposure to asbestos in the event of foreseeable harm. This is because the landowner does not have the same degree of control or information that an employer of a worker could have about the potential hazards of asbestos from work brought home by an employee's clothing.
Product Liability
When an asbestos victim develops mesothelioma, or another disease and is diagnosed with a disease, the law makes defendant companies accountable for their exposure. Mesothelioma lawsuits are typically filed under the doctrine of product liability, which states that if a person gets injured by an unreasonably dangerous product, anyone who is involved in the "chain of distribution" may be held liable. This includes the manufacturer, material suppliers wholesalers and distributors employers, retailers and even property managers, landlords and owners.
An asbestos personal injury lawyer can assist victims identify potential defendants and determine the ones to name in a lawsuit. The victims will usually name the company they believe exposed them to asbestos on different work locations. This could include different insulation companies, suppliers and manufacturers of asbestos-containing construction materials and products mining companies, and so on.
Many asbestos-related companies that made and distributed asbestos-containing items ended up in bankruptcy. They were left without the resources or funds required to pay compensation to victims. In the aftermath, a number of 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 suit, but it can still help victims.
The defendants could be held accountable for asbestos-related personal injury claims under several theories of liability. This includes breach of warranty, strict liability, and negligence. It can be difficult to prove causality in mesothelioma cases because the symptoms of this cancer typically take several years to show. The victims must prove that the asbestos-containing product they were exposed to was what caused their mesothelioma and that it wasn't caused by any other cause.
If more than one defendant is determined to be responsible for the mesothelioma victim, their lawyers can request an apportionment. This is the method that a jury or judge determines the amount each defendant owes the plaintiff.
An experienced mesothelioma lawyer will assess the potential value of a patient's case during a complimentary consultation, without obligation. Victims of these lawsuits may be awarded compensation for economic and non-economic damages. In rare instances, victims may also be entitled to punitive damages.
Wrongful Death
People who have been exposed to asbestos in their workplaces have a higher chance of developing an illness such as mesothelioma, lung cancer or asbestosis. Most often, asbestos-related victims can determine the place of asbestos exposure by looking at their medical records or employment history. Asbestos victims may receive financial compensation for their exposure to help cover the costs of medical expenses, loss of wages, and pain and suffering.
People who suffer from asbestos-related illnesses can bring a lawsuit against the companies who exposed them to asbestos. The companies are held accountable for their negligence and are required to pay compensation. The compensation can help patients and their families to pay the cost of special treatments for asbestos-related illnesses as well as other financial losses caused by mesothelioma and various other diseases.
Mesothelioma patients must consult an experienced mesothelioma attorney about their rights to compensation. These attorneys can determine the potential value of mesothelioma lawsuits through a free review of mesothelioma lawsuits.
Asbestos attorneys may also file a lawsuit for the wrongful death of loved-ones who have died because of mesothelioma or another asbestos-related illness. State-by-state, wrongful death claims must be filed in a certain time frame. An attorney can help the estate representative file a mesothelioma suit for wrongful death and hold negligent asbestos-related businesses accountable for their client's exposed.
Wrongful death damages from an asbestos personal injury suit can assist families in coping and recover additional damages to cover their financial loss. These damages can include funeral and burial costs, lost income from the lifetime earnings of a deceased as well as emotional distress and pain suffered by family members.
Many asbestos companies that manufactured asbestos-containing goods have declared 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 submit trust fund claims to these bankruptcy-held firms for compensation. They can also file a lawsuit in court should they need to against other businesses.