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What is an Asbestos Personal Injury Lawsuit? A personal injury lawsuit involving asbestos is a claim the victim or their family brings against companies responsible for the exposure they have to asbestos. Compensation is awarded for a range of damages. Mesothelioma and other asbestos-related ailments have long latency times, meaning it can take years before symptoms are identified or a diagnosis is confirmed. Asbestos patients typically have individual lawsuits filed instead of group action claims. Statute of limitations State statutes of limitation specify specific deadlines for filing lawsuits. These deadlines ensure that crucial evidence is preserved and that witnesses are given the chance to give evidence. These deadlines also ensure that a victim’s claim isn't denied due to the passage time. The time period for filing a claim varies by state and depends on the nature of the case. For example, personal injury lawsuits are generally governed by the date of diagnosis, while cases involving wrongful deaths are controlled by the date of the deceased's death. It's crucial to consult an attorney immediately in the event that you've been informed that you suffer from an asbestos-related illness. Experienced mesothelioma attorneys can review your medical and employment information to determine if there is a chance that you may have grounds to file a claim. They can also help you in submitting the claim to the appropriate jurisdiction in accordance with the specific circumstances of your situation. Factors such as where you resided or worked, the date and where you were exposed and the place of companies that exposed you to asbestos could influence the limitation period in your case. It's important to bear in mind that the statute starts in the first instance that you are diagnosed with a condition related to asbestos. It doesn't start from the first exposure, because symptoms often take years to show. This is known as the discovery rule. The rule of discovery is also applicable to cases that involve multiple cancers or diseases caused by asbestos exposure. A person may be diagnosed with asbestosis and then develop mesothelioma. In the majority of states, a mesothelioma diagnosis would cause an extension of the statute of limitations. If a mesothelioma patient dies before the case is settled, the lawsuit can be converted into a wrongful-death suit and the estate of the victim can continue to pursue compensation. This can help with expenses such as funeral expenses, medical bills, and income loss. In certain situations, states will allow the clock to be tolled or paused. This is typically the case when the victim is a minor or has no legal capacity. This can occur if the defendant conceals evidence from the victim or their family. Premises Liability Mesothelioma usually occurs as an outcome of exposure to asbestos in the workplace however, in some cases exposure from secondhand sources can be a factor. In those instances it is possible to bring a premises liability suit against the property owner in which the incident occurred. Premises liability is based on the theory that homeowners and businesses have a duty to ensure that their premises are safe for visitors. This includes fixing unsafe conditions or warn guests of hazards. In addition to landowners and companies that manufacture asbestos-related products suppliers of asbestos fiber can also be held responsible under premises liability. This can include mining companies that extract the material and distribution companies that supply the material to manufacturers for use in their products. Based on the circumstances of a particular case, it could also include retailers that sold asbestos insulation and those who sold it directly to workers. Typically, Asheville asbestos lawsuit is one of negligence or strict liability. The person who was injured must have not taken reasonable precautions to safeguard themselves from harm that was pre-planned. The injured party is relying on the company's guarantee that the product was safe and can be used as intended. In determining strict liability and negligence in asbestos cases, there are several key issues to be considered. A plaintiff, for instance must show that defendants were aware of the dangers of asbestos and that the victim's injury or illness was directly a result of this knowledge. This is a difficult thing to prove, given the amount of information required in asbestos litigation. It is also difficult to demonstrate specific actions that were taken or not taken by the defendant. In Kesner v. Ford Motor Co. and Haver v. General Electric the court declared that a landowner doesn't have a legal obligation to protect family members from exposure to asbestos in the event of foreseeable harm. This is because a landowner does not have the same level of knowledge as an employer about the potential dangers of asbestos brought home by an employee on their clothing. Product Liability When an asbestos-related victim develops a disease such as mesothelioma, the law generally holds defendants accountable for their exposure. Mesothelioma suits are frequently filed under the theory of products liability. This implies that anyone involved in the “chain” of distribution could be held accountable when an individual is injured by a harmful product. This includes the manufacturer, material suppliers, wholesalers retailers, distributors and employers, as well as property owners, managers, and landlords. An asbestos personal injury attorney can help victims identify potential defendants, and determine the ones they should mention in a suit. Victims typically name the company or companies they believe exposed them to asbestos in various workplaces. This could include a variety of insulation companies, suppliers and manufacturers of asbestos-containing construction materials and products, mining companies, and many more. Many asbestos companies that made and distributed asbestos-containing products went under, leaving them without the funds and assets needed to pay victims. In the aftermath, a number of large asbestos trust funds were set up to pay claims. A claim filed with an asbestos trust fund is not the same as a mesothelioma lawsuit but it can benefit a victim. Defendants can be held liable for asbestos-related personal injury claims based on a variety of theories of liability, such as breach of warranty, negligence, and strict liability. In cases involving mesothelioma it can be difficult to prove causation because the symptoms of this type of cancer generally take a long time to develop. The patient must prove that asbestos-containing substances they were exposed to caused their mesothelioma, and not a different cause. If more than one defendant is determined to be responsible for a mesothelioma victim, their lawyers may file a petition for apportionment. This is the method that a judge or jury decides how much money 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 economic and non-economic damages. In rare cases, victims may also be entitled to punitive damages. Wrongful Death Anyone who is exposed to asbestos in their work are at a higher risk of developing a condition such as asbestosis, lung cancer or mesothelioma. In most cases, patients can determine where they were exposed to asbestos through their work information or medical records. Asbestos victims can receive financial compensation as a result of their exposure, to help pay for costs associated with medical expenses, lost wages, as well as suffering and pain. People with an asbestos-related disease can often bring a lawsuit against companies who put them at risk for exposure. Those companies are held responsible for their negligence and must pay compensation. Compensation can be used to help families and patients pay for specialist treatment for asbestos diseases and other financial losses resulting from mesothelioma or other diseases. Mesothelioma victims should speak to an experienced mesothelioma lawyer regarding their rights to claim compensation. These lawyers can help determine the potential value in mesothelioma claims by conducting a free analysis of mesothelioma claim. Asbestos lawyers may also file a wrongful death lawsuit on behalf of loved ones who have died from mesothelioma or another asbestos-related illness. State-by-state, wrongful death claims must be filed within the timeframe of. An attorney can help the estate representative file a mesothelioma claim for the wrongful death of a loved one and hold negligent asbestos-related companies accountable for their client's exposed. Compensation for wrongful death from an asbestos personal injury lawsuit can assist families in coping with the death of loved ones and seek additional damages for their financial losses. These damages can include funeral and burial costs and lost income from the lifetime earnings of the deceased, and the pain and emotional distress suffered by family members. Many of the asbestos companies that made asbestos-containing items have filed for bankruptcy. This has meant that they now manage trust funds that compensate current and future victims of their toxic products. Asbestos lawyers can assist clients submit trust fund claims to these bankruptcy-owned firms for compensation. They can also file lawsuits in court if needed against other companies.