What is an Asbestos Personal Injury Lawsuit?
An asbestos personal injury lawsuit is a claim the victim or their family bring against the company responsible for the exposure they have to asbestos. Compensation is awarded for various damages.
Mesothelioma and other asbestos-related illnesses, have long latency times. This means that it can take a long time before symptoms or diagnoses are recognized. Asbestos patients often make individual lawsuits rather than class action lawsuits.
Statute of Limitations
Lawsuits must be filed within specific deadlines set by the statutes of limitation of each state. These deadlines allow for the preservation of important evidence and allow witnesses the chance to be heard. They also ensure that a victim's claim is not dismissed because of the delay of too long. Davenport asbestos lawyer of limitations differs by state and is dependent on the type case. For instance personal injury lawsuits are typically determined 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-related disease, it's important to talk with a lawyer as soon as possible. Professional mesothelioma lawyers will review your medical history and job background to determine if you're eligible to file a claim. They can also help you in filing the claim with the appropriate jurisdiction in accordance with the specific circumstances of your case. Factors like where you live or work, when and where you were exposed to asbestos, as well as the location and business that exposed you can affect the statute of limitation in your case.
It's also important to remember that the statute of limitations runs on the date you first became aware of an asbestos-related illness. The statute of limitations does not begin with the first asbestos exposure since symptoms can be delayed for a long time before they appear. This is referred to as the discovery rule.
The discovery rule applies also to cases where asbestos exposure is linked to multiple diseases or cancers. For instance, a person may have been diagnosed with asbestosis and later develop mesothelioma. In the majority of states, a mesothelioma diagnosis would trigger an extension of the time limit for the statute of limitations.
If a mesothelioma sufferer dies before the case is settled, the case can be converted into a wrongful-death suit and the victim's estate will continue to pursue compensation. This can cover expenses such as funeral costs, medical bills and lost income.
In certain circumstances, some states will allow the clock to be tolled or paused. Most often, this happens when the victim is a child or has no legal capacity. It could also happen if the defendant conceals evidence from victim or their family.
Premises Liability
Mesothelioma is usually a result of asbestos exposure in the workplace however, in some cases exposure from secondhand sources can be a factor. In those instances it could be possible to bring a premises liability suit against the property owner in which the incident occurred. Premises liability is founded on the idea that business owners and homeowners are required to ensure that their premises are secure for guests. This includes taking steps to fix unsafe conditions or warn guests of potential dangers.
In addition to the landowners and businesses that manufacture asbestos-related products, those who supply asbestos fiber in its raw form can also be held accountable under premises liability. This can include mines that harvested the material as well as distribution companies who sold it to manufacturers to be used in their products. According to the facts of the case it could also be retailers who stock asbestos insulation or those who sell directly to workers.
A personal asbestos lawsuit for injury will usually be based either on strict liability or negligence. The person who suffered the injury must have not taken reasonable precautions to protect themselves from harm that could have been anticipated. The injured party is relying on the company's assurance that the product was safe and can be used as intended.
In establishing strict liability and negligence in an asbestos case there are a number of key issues. A plaintiff, for example, must prove that defendants were aware that asbestos is dangerous and that the victim's injury or illness was directly a result of that knowledge. This isn't easy to do given the extensive amount of evidence that must be taken into account in asbestos litigation, and the difficulty of showing specific actions taken or not taken by the defendant.
For instance in Kesner v. Ford Motor Co. and Haver v. General Electric, the judge ruled that a landowner's responsibility to protect household members from exposure to secondhand asbestos cannot be based solely on the possibility of harm. This is because the landowner does not have the same level of control or information that a worker's employer would have regarding the potential hazards of asbestos from work brought home by an employee's clothing.
Product Liability
If an asbestos victim develops a condition such as mesothelioma, law generally holds the defendant company accountable for their exposure. Mesothelioma lawsuits are typically brought under the theory products liability. This means that anyone who is part of the "chain" of distribution can be held accountable in the event that an individual is injured by a hazardous product. This includes the manufacturer, suppliers of materials wholesalers and distributors, retailers, employers, and even property managers, landlords and owners.
An asbestos personal injury lawyer can assist victims find potential defendants and determine which ones to mention in a lawsuit. The plaintiffs will typically name the company they believe exposed them to asbestos at different work locations. This could include a variety of insulation companies, suppliers and manufacturers of asbestos-containing construction materials and products mining companies, and more.
Many asbestos-related companies that manufactured and distributed asbestos-containing goods went bankrupt. They were left without resources or funds required to compensate victims. To pay for claims, a number of asbestos funds were established. A claim filed through asbestos trust fund is not the same as a mesothelioma lawsuit however, it could help a victim.
The defendants can be held accountable for asbestos personal injury claims based upon a variety of theories of liability, such as breach of warranty, negligence and strict liability. It is difficult to prove causation in mesothelioma cases because the symptoms of this cancer can take many years to appear. The victims must prove that the asbestos-containing product they were exposed to is the reason for their mesothelioma, and that it wasn't due to some other cause.
If more than one defendant has been deemed responsible for the mesothelioma of a victim, their attorneys may file a request to apportion. This is a process by which a judge or jury determines the amount each defendant owes the plaintiff.
A knowledgeable mesothelioma lawyer can evaluate the potential value of a victim's case during a free consultation with no obligation. Compensation awarded to victims in these lawsuits can include economic and non-economic damages. In some cases, victims may also be entitled to punitive damages.
Wrongful Death
Anyone who has been exposed to asbestos at work are at a higher risk of developing an illness such as mesothelioma or lung cancer or asbestosis. In most cases, patients can identify the place they were exposed to asbestos through their work history or medical documents. Asbestos victims can receive financial compensation as a result of their exposure to assist in covering expenses related to medical expenses, lost wages, and suffering and pain.
People with an asbestos-related disease are often able to bring a lawsuit against companies that put them at risk for exposure. The companies are held accountable for their negligence and are required to pay compensation. Compensation can be used to help families and patients pay for specialist treatment for asbestos diseases and other financial losses due to mesothelioma and other illnesses.
Mesothelioma sufferers should speak with an experienced mesothelioma lawyer regarding their rights to pursue compensation. These lawyers can help you determine the potential value of a mesothelioma claim through a no-cost mesothelioma case review.
Asbestos lawyers can also bring a lawsuit for the wrongful death of loved ones who have died due to mesothelioma, or a different asbestos-related disease. State-by-state, wrongful deaths claims must be filed within the specified time frame. An attorney can help the estate representative file a mesothelioma suit for the wrongful death of a loved one and hold negligent asbestos-related companies accountable for their clients' exposure.
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 compensation for their financial losses. These damages include funeral and burial expenses as well as the loss of income resulting from the lifetime earnings of a deceased and pain and emotional distress suffered by family members.
Many asbestos-related companies that produced asbestos-containing goods have declared bankruptcy. These companies are now in charge of trust funds that pay compensation to the current and future victims. Asbestos lawyers can assist clients to file trust fund claims to compensation from these bankruptcy-owned companies. They can also bring a traditional lawsuit in court against other companies should they need to.