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What is an Asbestos Personal Injury Lawsuit? A personal injury lawsuit involving asbestos is a suit that the victim or their family bring against the company responsible for the exposure they have to asbestos. Compensation is awarded for a variety of damages. Mesothelioma, and other asbestos-related diseases are known to have long latency times. This means that it can take years before symptoms or diagnoses are recognized. Asbestos patients often file individual lawsuits instead of class action lawsuits. Statute of limitations Lawsuits are required to be filed within certain deadlines set by state statutes of limitations. These deadlines ensure that important evidence is kept and witnesses are given the chance to give evidence. These deadlines also ensure that a victim’s claim isn't denied due to the time frame. The specific time limit for a claim is different for each state and based on the type of case. Personal injury lawsuits, for instance are governed primarily by the date on which the diagnosis was made. Wrongful death cases are governed primarily by the date the deceased passed away. If you've been diagnosed with asbestos disease, it's crucial to speak with a lawyer as quickly as possible. Professional mesothelioma lawyers will review your medical and employment background to determine if you may have grounds for a legal claim. They can also assist in filing the claim with the proper jurisdiction, based on the unique circumstances of your case. Factors such as where you live or work, when and where you were exposed to asbestos, and the place and company that exposed you can affect the statute of limitation in your case. It's 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 start from the first exposure, because symptoms may take years to manifest. This is referred to as the discovery rule. The discovery rule also applies to cases involving multiple cancers or diseases that are caused by asbestos exposure. For example, a person might have been diagnosed with asbestosis but later develop mesothelioma. In the majority of states, mesothelioma diagnosis will trigger a new statute-of-limitations period. If a mesothelioma sufferer dies before the case is settled, the lawsuit could be transformed into a wrongful-death lawsuit and the estate of the victim may continue to pursue compensation. This can help with expenses such as medical bills, funerals and income loss. Lastly, some states permit the statute of limitations clock to be paused or tolled in certain circumstances. This usually happens when a victim is minor or does not have legal capacity. It can also happen when the defendant hides evidence from the plaintiff or their family. Premises Liability Mesothelioma most often occurs as the result of exposure to asbestos in the workplace however, in some cases, secondhand exposure is also a factor. In these instances you might be able to file a premises-liability lawsuit against the owner of the premises where the incident took place. The concept of premises liability is based on the notion that homeowners and business owners have an obligation to keep their properties reasonably secure for guests. This includes taking measures such as fixing unsafe conditions, or warning guests of dangers. In addition to landowners, businesses that made asbestos products and those who supplied asbestos fiber raw can also be held responsible under premises liability. This can include mining companies that harvest the fiber and distribution companies that supply it to manufacturers to use in their products. Based on the facts of the matter, this could also include retailers that stock asbestos insulation or sell asbestos insulation directly to workers. Typically, a personal injury lawsuit will typically be based on negligence or strict liability. The former involves the injured person's failure to take reasonable precautions to safeguard himself or herself from foreseeable risks of harm. 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 a variety of important issues when determining negligence and strict liability for asbestos claims. For example the plaintiff must show that the defendant knew or ought to have known that asbestos was dangerous and that the injury or illness suffered by the victim resulted directly from that knowledge. This is difficult to prove, due to the vast amount of evidence required in asbestos litigation. It is also difficult to establish specific actions that were taken or not by the defendant. In Bloomington asbestos lawyer . Ford Motor Co. and Haver v. General Electric the court decided that a landowner does not have a legal obligation to protect family members from exposure to asbestos based on foreseeable harm. This is because the landowner doesn't have the same degree of control or knowledge that an employer of a worker would have regarding the potential risks of asbestos exposure from work that comes home on an employee's clothing. Product Liability When an asbestos-related victim develops a disease such as mesothelioma or asbestosis, the law generally holds defendant companies liable for their exposure. Mesothelioma lawsuits are often brought under the theory of product liability, which states that if someone is injured due to an unreasonable risk product, anyone who is involved in the “chain of distribution” may be held liable. This includes the manufacturer, suppliers of materials wholesalers and distributors, retailers, employers as well as landlords, property managers, and owners. An asbestos personal injury attorney can help victims identify potential defendants, and determine which ones to name in a suit. The victims will usually name the company or companies they believe exposed them asbestos on various work sites. This could include different insulation companies as well as manufacturers and suppliers of asbestos-containing construction products and materials mining companies, and more. Many of the asbestos companies that manufactured and distributed asbestos-containing products failed leaving them without funds and assets required to pay victims. To pay claims, large asbestos trust funds were set up. A claim filed through asbestos trust funds is not the same thing as a mesothelioma lawsuit but it can aid the victim. Defendants could be held liable for asbestos-related personal injury claims based upon a variety of theories of liability, such as breach of warranty, negligence and strict liability. For mesothelioma cases, proving causation can be difficult due to the fact that symptoms of this cancer typically take several decades to develop. The patient will need to prove that asbestos-containing substances they were exposed to led to mesothelioma in them, and not another cause. If more than one defendant is found to be responsible for mesothelioma that has been found in the victim, their lawyers can file an application to divide. This is a process in which a jury or judge decides how much each defendant owes to the plaintiff. An experienced mesothelioma lawyer will determine the potential value of a patient's case in a no-cost, no-obligation consultation. Compensation for victims of these lawsuits could include economic and non-economic damages. In rare instances, victims may also be entitled to punitive damages. Wrongful Death Those who are exposed to asbestos at work have a higher chance of developing a disease like asbestosis, lung cancer or mesothelioma. In the majority of cases, victims can determine the location of asbestos exposure by looking at their medical records or work history. Asbestos exposure can lead to financial compensation for victims. This could cover medical expenses, lost wages and pain and discomfort. Patients suffering from asbestos-related diseases often bring a lawsuit against the companies that exposed them to asbestos. The companies are held accountable for their negligent conduct and must pay compensation. The compensation is intended to help patients and their families pay the costs of specialized treatments for asbestos diseases and other financial losses caused by mesothelioma and various other diseases. Mesothelioma victims should speak to an experienced mesothelioma lawyer regarding their rights to claim compensation. These lawyers can help you determine the potential value of a mesothelioma claim through a no-cost mesothelioma case review. Asbestos lawyers may also file a wrongful death lawsuit on behalf of loved ones who have passed away from mesothelioma or a different asbestos-related disease. State-by-state, wrongful deaths claims must be filed in the timeframe of. An attorney can help the estate representative to file a mesothelioma wrongful death claim and hold the negligent asbestos-related businesses accountable for their client's exposure. Compensation for the wrongful death resulting from an asbestos personal injury lawsuit can assist families in coping with the death of loved ones and seek additional compensation for their financial losses. These damages can include funeral and burial costs and lost income from the lifetime earnings of a deceased as well as emotional distress and pain that family members suffer. Many asbestos-related companies that produced asbestos-containing products have filed for bankruptcy. These companies are now in charge of trust funds that compensate the victims of the past and the future. Asbestos lawyers can assist clients submit trust fund claims to these bankruptcy-held firms to receive compensation. They can also make a traditional complaint in court against other businesses should they need to.