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What is an Asbestos Personal Injury Lawsuit? A personal injury lawsuit involving asbestos is a claim filed by a victim or their loved ones, against the companies responsible for their exposure to asbestos. Compensation is awarded for a variety of damages. Mesothelioma and other asbestos-related diseases have long latency times, meaning it can take decades before symptoms are recognized or a diagnosis is confirmed. Asbestos sufferers typically file individual lawsuits instead of group action claims. Statute of Limitations State statutes of limitation specify specific deadlines for filing lawsuits. These deadlines assist in preserving important evidence and give witnesses the opportunity to testify. They also ensure that a victim's claim is not dismissed due to the delay of too long. The statute of limitations varies according to the state and depends on the type of case. Personal injury lawsuits, for instance are governed primarily by the date on which the diagnosis was made. The cases involving wrongful death are determined by the date when the deceased person died. If you've been diagnosed with an asbestos disease, it's crucial to consult with a lawyer as quickly as you can. Professional mesothelioma lawyers will review your medical and employment information to determine if there is a chance that you have a basis to file a claim. They can also assist in filing the claim with the proper jurisdiction depending on the specific circumstances of your case. Factors such as where you resided or worked, when and where you were exposed and the location of the companies which exposed you to asbestos may play into the statute of limitations in your case. It's also important to remember that the statute of limitations starts from the date you first were diagnosed with an asbestos-related disease. The statute of limitations does not begin with the initial asbestos exposure because symptoms can be delayed for a long time before they appear. This is known as the discovery rule. The rule of discovery also applies to cases involving multiple cancers or diseases that are related to asbestos exposure. A person could be diagnosed with asbestosis and then develop mesothelioma. In most states, a mesothelioma diagnosis could be the trigger for an extension of the time limit for the statute of limitations. If a mesothelioma patient passes away before the case is resolved, it can be converted to a wrongful-death lawsuit. The estate of the victim's victims will continue to pursue compensation. This can help pay for costs like funeral expenses, medical bills and lost income. Finally, some states permit the statute of limitations clock to be stopped or tolled in certain instances. Typically, this occurs when the victim is a child or does not have legal capacity. It can also happen if the defendant conceals evidence from the plaintiff or their family. Premises Liability Although mesothelioma is typically caused by exposure to asbestos in the workplace certain cases are caused by exposure to asbestos through the secondhand material. In these instances, it may be possible to file a premises liability lawsuit against the property owner at the time the incident occurred. Premises liability is based on the idea that homeowners and business owners have an obligation to ensure that their premises are safe for guests. This means taking steps such as fixing unsafe conditions, or warning guests of dangers. In addition to landowners, companies who made asbestos-related products and those that provided asbestos fiber in raw form can be held liable under premises liability. This can include mining companies that harvest the fiber and distribution firms that sell it to manufacturers for use in their products. Based on the facts of the case it could also be retailers who sell asbestos insulation or those who sell it directly to workers. Typically, a asbestos personal injury lawsuit is based on negligence or strict liability. The injured person must have not taken reasonable precautions to protect themselves from harm that was pre-planned. The second is the injured party's reliance on the company's claim that the product is safe and that it was safe to use as intended. There are a variety of important issues when determining the liability of negligence and strict liability in asbestos claims. A plaintiff, for example must prove that defendants knew or should have been aware of the dangers of asbestos and that the victim’s injury or illness was directly a result of this knowledge. It is difficult to prove, due to the vast amount of evidence required in asbestos litigation. It's also hard 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 ruled that a landowner cannot be held responsible for protecting family members from asbestos exposure due to the possibility of harm. This is because the landowner doesn't have the same degree of control or knowledge that an employer of a worker could have about the potential hazards of asbestos from work brought home on an employee's clothing. Product Liability If an asbestos victim develops mesothelioma or a different disease and is diagnosed with a disease, the law holds the defendant company accountable for their exposure. Mesothelioma lawsuits are usually filed under the doctrine of product liability, which says that if a person is injured due to an unreasonable risk product, any person involved in the “chain of distribution” is liable. This includes the manufacturer; material suppliers, wholesalers retailers, distributors and employers, as well as 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. Victims will typically identify the company or companies they believe exposed them asbestos at various jobsites. This could include different insulation companies as well as manufacturers and suppliers of asbestos-containing construction materials and products mining companies, and many more. Many asbestos-related companies that manufactured and distributed asbestos-containing items went bankrupt. They were left without resources or funds required to compensate victims. As a result, several large asbestos trust funds were created to pay out claims. While submitting a claim to an asbestos trust fund isn't the same as filing a mesothelioma suit, it could still be beneficial for the victim. The defendants could be held accountable for asbestos-related personal injury claims under various theories of liability. Beaumont asbestos lawsuit include breach of warranty, strict liability, and negligence. It is often difficult to prove the causation in cases of mesothelioma because the symptoms of this cancer can take a long time to manifest. The victim will have to prove that asbestos-containing substances they were exposed to led to their mesothelioma, and not another cause. If more than one defendant has been deemed to be responsible for mesothelioma that has been found in the victim, their lawyers may file an application to divide. This is the procedure that a judge or jury decides on the amount each defendant owes to the plaintiff. A mesothelioma lawyer can evaluate the value of a victim's case in a free consultation. Compensation awarded to victims in these lawsuits can include economic and non-economic damages. In rare cases victims could also be entitled to punitive damages. Wrongful Death Those who are 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 by reviewing their work history or medical records. Asbestos victims can receive financial compensation for their exposure to help cover costs associated with medical expenses, loss of wages, and pain and suffering. Patients suffering from asbestos-related diseases often sue companies that exposed them. The companies are held accountable for their negligence and are required to pay compensation. Compensation can be used to assist patients and families to pay for treatment that is specialized for asbestos-related diseases as well as other financial losses related to mesothelioma, or other illnesses. Mesothelioma patients should speak with an experienced mesothelioma lawyer about their rights to compensation. These lawyers can help determine the potential value in a mesothelioma lawsuit during a free review of mesothelioma claims. Asbestos lawyers may also file a wrongful-death lawsuit on behalf of loved ones who have died from mesothelioma or another asbestos-related illness. For wrongful death claims, they must be filed within a specified time frame, which varies from state to state. An attorney can help the estate representative file a mesothelioma lawsuit for the wrongful death of a loved one and hold negligent asbestos-related businesses accountable for their client's exposed. Compensation for wrongful death from asbestos personal injury lawsuits can help families deal with the death of loved ones and obtain additional compensation for their financial losses. These damages can include funeral and burial expenses as well as the loss of income from the deceased's lifetime earnings, and the 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 current and future victims. Asbestos lawyers can assist clients submit trust fund claims to these bankruptcy-held firms for compensation. They can also make a traditional complaint in court against other businesses should they need to.