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What is an Asbestos Personal Injury Lawsuit? A personal injury lawsuit involving asbestos is a claim that a victim or their family members bring against the companies that caused the exposure they have to asbestos. Compensation is awarded for a variety of damages. Mesothelioma and other asbestos-related diseases have long latency periods which means it could take decades before symptoms are recognized or a diagnosis is made. Asbestos patients often make individual lawsuits rather than class action lawsuits. Statute of limitations Lawsuits must be filed within the specific time limits outlined by state statutes of limitations. These deadlines ensure that important evidence is preserved and witnesses have the opportunity to testify. They also ensure that a victim's claim is not dismissed because of the length of time. The specific time limit for a claim varies by state and depends on the nature of the case. For example personal injury lawsuits are usually governed by the date of diagnosis, while wrongful death cases are controlled by the date of the deceased's death. If you've been diagnosed with asbestos disease, it's crucial to speak with a lawyer as soon as possible. Expert mesothelioma lawyers can look over your medical history and job background to determine if you may have grounds to file a claim. They can also help you make the claim in the most appropriate jurisdiction depending on your particular situation. Factors such as where you reside or work as well as the time and place you were exposed to asbestos and the place and company which exposed you may affect the statute of limitation in your particular case. It's important to keep in mind that the statute starts in the first instance that you are diagnosed with an illness related to asbestos. It doesn't begin with the first exposure, since symptoms may take years to manifest. This is referred to as the discovery rule. The rule of discovery is also applicable to cases that involve multiple diseases or cancers caused by asbestos exposure. A person may be diagnosed with asbestosis and then develop mesothelioma. In most states, a diagnosis of mesothelioma will trigger a new statute-of-limitations period. If a mesothelioma sufferer dies before the case is settled, the lawsuit could be converted into a wrongful-death suit and the estate of the deceased can continue to pursue compensation. This can help pay for expenses such as funeral costs, medical bills and income loss. In certain circumstances, some states allow the clock to be tolled or paused. Typically, this occurs when the victim is a child or has no legal capacity. It can also happen when the defendant hides evidence from the plaintiff or their family. Premises Liability Mesothelioma is usually a result of exposure to asbestos in the workplace, but in some cases exposure from secondhand sources can be a factor. In these instances 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 idea that homeowners and businesses are obliged to keep their property safe for guests. This includes making steps to correct unsafe conditions, or warn guests of dangers. In addition to landowners and companies that make asbestos products, those who supply asbestos fiber in its raw form can be held accountable under premises liability. This could include mining companies that harvest the material and distribution companies that sell it to manufacturers for use in their products. Based on the facts of the case this could also apply to retailers that stock asbestos insulation or sell asbestos insulation directly to workers. A personal asbestos lawsuit for injury is usually based on negligence or strict liability. The injured person must have not taken reasonable steps to protect themselves from harm that was foreseeable. The injured party is relying on the company's assurance that the product was safe and can be used in the manner intended. There are many important aspects in determining negligence and the strict liability of asbestos claims. For instance the plaintiff must show that the defendant knew or ought to have knew that asbestos was a risk and that the victim's injury or illness resulted directly from that knowledge. This is difficult to prove, given the vast amount of information needed in asbestos litigation. It's also hard to demonstrate specific actions that were taken or not by the defendant. For instance, in Kesner v. Ford Motor Co. and Haver v. General Electric, the court determined that a landowner's responsibility to protect their household members from exposure to secondhand asbestos cannot be based on the possibility of harm. This is because the landowner does not have the same level of control or understanding that an employer of a worker could have about the potential dangers from work-related asbestos brought home by an employee's clothing. Product Liability When an asbestos-related victim develops a disease, such as mesothelioma or asbestosis, the law generally holds the defendant company accountable for their exposure. Mesothelioma lawsuits are usually brought under the theory products liability. This implies that anyone involved in the “chain” of distribution could be held accountable if a person is injured by a dangerous product. This includes the manufacturer; wholesalers, suppliers of materials retailers, distributors and employers; and even the property owners, managers and landlords. An asbestos personal injury lawyer can help victims identify potential defendants and determine which ones to name in a lawsuit. The victims usually mention the company they believe exposed them asbestos on various work sites. This could include multiple different insulation companies as well as manufacturers of asbestos-containing products and construction materials, mining companies and more. Many asbestos-related companies that made and distributed asbestos-containing items were unable to survive. They were left without the resources or funds required to pay compensation to victims. To pay for claims, a number of asbestos trust funds were set up. Although filing a claim with an asbestos trust fund is not the same as filing a mesothelioma suit, it is still beneficial for the victim. The defendants could be held accountable for claims relating to asbestos-related personal injuries under various theories of liability. This includes breach of warranty, strict liability, and negligence. It can be difficult to prove causation in cases of mesothelioma because the signs of this cancer typically take several years to show. The patient must 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 the cause of a mesothelioma victim, their lawyers can file a request for apportionment. This is the procedure by which a judge or jury determines the amount each defendant owes to the plaintiff. An experienced mesothelioma lawyer will assess the potential value of a patient's case during a complimentary consultation, without obligation. The victims of these lawsuits could be awarded compensation for economic as well as non-economic damages. In addition certain victims could be eligible for punitive damages in rare circumstances. Wrongful Death Anyone who has been exposed to asbestos in their workplaces have a higher chance of developing an illness such as mesothelioma or lung cancer or asbestosis. In Redding asbestos attorneys , victims can identify the place they were exposed to asbestos through their employment history or medical records. Asbestos exposure can result in financial compensation for the victims. This could cover medical expenses, lost wages and pain and discomfort. Patients suffering from asbestos-related diseases often sue companies who exposed them to asbestos. They are accountable for their actions and must pay compensation. The compensation will assist patients and their families pay the cost of special treatments for asbestos illnesses and other financial losses caused by mesothelioma and various other diseases. Mesothelioma patients must consult an experienced mesothelioma attorney about their rights to receive compensation. These lawyers can help determine the potential value in mesothelioma lawsuits by conducting a free analysis of mesothelioma lawsuits. Asbestos lawyers can also make a claim for the wrongful death of loved ones who have passed away due to mesothelioma, or a different asbestos-related disease. State-by-state, wrongful deaths claims must be filed in a certain time frame. An attorney can assist the estate representative to file a mesothelioma wrongful death claim and hold negligent asbestos-related businesses accountable for the risk their clients have been exposed to. Compensation for the wrongful death resulting from an asbestos personal injury lawsuit can help families cope with the loss of loved ones and seek additional damages for their financial losses. These damages can include funeral and burial costs and lost income from the deceased's lifetime earnings, as well as the emotional pain and suffering of 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 current and future victims. Asbestos lawyers can help clients submit trust fund claims to these bankruptcy-held firms to receive compensation. They may also file a lawsuit in court if needed against other businesses.