What is an Asbestos Personal Injury Lawsuit?

An asbestos personal injury lawsuit is a claim a victim or their family bring against companies responsible for their exposure to asbestos. Compensation is awarded for a range of damages.

Mesothelioma and other asbestos-related illnesses have long latency periods that means it can take decades before symptoms are identified or the diagnosis is made. Asbestos sufferers typically have individual lawsuits filed instead of group action claims.

Statute of limitations

Lawsuits are required to be filed within certain deadlines set by statutes of limitations in each state. These deadlines assist in preserving important evidence and allow witnesses the chance to give evidence. They also ensure that a victim's claim is not dismissed because of the length of time. The statute of limitations is different according to the state and depends on the type of case. Personal injury lawsuits, for instance, are governed primarily by the date the diagnosis was made. The cases involving wrongful death are determined by the date the deceased person died.

If you've been diagnosed with asbestos-related illness, it's essential to consult with a lawyer as soon as you can. Experienced mesothelioma attorneys can review your medical history and job history to determine if you may have grounds to file a claim. They can also assist you in filing the claim with the proper jurisdiction depending on the specific circumstances of your situation. Factors such as where you resided or worked, the time and where you were exposed, and the location of the company which exposed you to asbestos may influence the statute of limitations in your case.

Additionally, it's important to keep in mind that the statute of limitations runs at the time you were first diagnosed with an asbestos-related illness. The time limit does not start with the first asbestos exposure since symptoms can take a long time to manifest. This is known as the discovery rule.

The discovery rule is also applicable to cases involving multiple diseases or cancers related to asbestos exposure. A person may be diagnosed with asbestosis, and later develop mesothelioma. In most states, a mesothelioma diagnose could trigger a new statute of limitations period.

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 deceased may continue to pursue compensation. This could help with expenses such as funeral costs, medical bills and income loss.

Finally, some states permit the statute of limitations clock to be stopped or tolled in certain circumstances. Typically, this occurs when the victim is a child or does not have legal capacity. It could also happen if the defendant conceals evidence from the plaintiff or their family members.


Premises Liability

While mesothelioma most often is caused through exposure to asbestos at work, some cases involve exposure to asbestos through the secondhand material. In these instances you could be able to file a premises-liability lawsuit against the owner of the premises where the incident took place. Premises liability is founded on the idea that business owners and homeowners are required 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 and companies that make asbestos products and those who supply raw asbestos fiber may also be held accountable under premises liability. This could include mining companies that extract the material and distribution firms that sell it to manufacturers for use in their products. Based on the circumstances of a particular case it could also be retailers that sold asbestos insulation and also those who sold it to workers directly.

Typically, a personal injury lawsuit will be founded on negligence or strict liability. The person who was injured must have not taken reasonable steps to protect themselves from harm that was foreseeable. The second involves the victim's trust in a company's assertion that the product is safe and was safe to use as intended.

In determining strict liability and negligence in an asbestos case there are several important issues. A plaintiff, for instance must prove that defendants were aware of the dangers of asbestos and that the victim’s injury or illness resulted directly from this knowledge. This isn't easy to do given the extensive amount of information that has to be examined in asbestos litigation and the difficulty of proving 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 have a legal obligation to protect family members from asbestos exposure based on foreseeable harm. This is because a landowner doesn't have the same level of knowledge as an employer about the potential dangers of asbestos brought home by employees on their clothing.

Product Liability

If an asbestos victim develops a condition such as mesothelioma, law generally holds defendants accountable for their exposure. Mesothelioma lawsuits are typically brought under the doctrine of product liability. This means that anyone who is part of the "chain" of distribution could be held responsible in the event that someone is injured by a dangerous product. This includes the manufacturer; wholesalers, material suppliers, distributors and retailers; employers; and even property owners, managers and landlords.

An asbestos personal injury attorney can assist victims in identifying potential defendants, and help them decide which ones they should name in a lawsuit. The victims will usually name the company they believe exposed them to asbestos at various job places. This could include a variety of insulation companies, manufacturers of asbestos-containing products and mining companies, construction materials and more.

Many asbestos-related companies that made and distributed asbestos-containing items ended up in bankruptcy. They were left without the resources or funds required to compensate victims. As a result, several large asbestos trust funds were created to pay out claims. A claim filed with an asbestos trust fund isn't the same as a mesothelioma suit however, it could benefit a victim.

Defendants may be held responsible for personal injury claims involving asbestos under a variety of theories of liability. This includes breach of warranty, strict liability and negligence. It can be difficult to prove the causation in mesothelioma cases because the symptoms of this cancer typically take a long time to manifest. Victims will need to prove that the asbestos-containing material they were exposed to is the cause of their mesothelioma. They must also prove that it wasn't caused by any other cause.

If more than one defendant is found to be responsible for mesothelioma that has been found in the victim, their lawyers may file an application to divide. This is the method that a jury or judge decides on the amount each defendant owes to the plaintiff.

A knowledgeable mesothelioma lawyer can determine the potential value of a victim's case during a complimentary consultation with no obligation. Compensation for victims of these lawsuits can include economic and non-economic damages. Additionally certain victims could be eligible for punitive damages in rare circumstances.

Wrongful Death

People who have been exposed to asbestos in their work environments have a higher chance of developing an illness like mesothelioma, lung cancer, or asbestosis. In the majority of cases, victims are able to determine the location where they were exposed to asbestos by reviewing their employment history or medical documents. Asbestos-related victims could 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 bring a lawsuit against the companies that exposed them to asbestos. These companies are held accountable for their negligence and must pay compensation. Compensation can be used to assist patients and families pay for specialized treatment for asbestos-related diseases and other financial losses resulting from mesothelioma and other illnesses.

Mesothelioma patients should consult an experienced mesothelioma lawyer regarding their rights to pursue compensation. These lawyers can help determine the potential value of mesothelioma claims by conducting a free analysis of mesothelioma lawsuits.

Asbestos lawyers may also file a wrongful-death lawsuit on behalf of loved ones who have passed away from mesothelioma or another asbestos-related disease. State-by-state, wrongful deaths claims must be filed in a certain time frame. 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 the exposure of their clients.

Wrongful death compensation from an asbestos personal injury lawsuit can help families deal with the loss of a loved one and recover additional compensation for their financial losses. These damages could include funeral and burial expenses, lost income from the lifetime earnings of the deceased, and the emotional and physical distress suffered by family members.

Many asbestos companies that produced asbestos-containing products have filed for bankruptcy. This has meant that they now manage trust funds that compensate those who have suffered from their toxic products. Asbestos lawyers are able to help clients submit trust fund claims to these bankrupt companies for compensation. Lafayette asbestos lawsuits can also make a traditional complaint in court against other businesses in the event of a need.