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What is an Asbestos Personal Injury Lawsuit? An asbestos personal injury lawsuit is a claim that a victim or their family members bring against the company 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 periods which means it could take years before symptoms are identified or the diagnosis is made. Asbestos sufferers typically make individual lawsuits instead of group action claims. Statute of limitations Lawsuits are required to be filed within certain time limits outlined by statutes of limitations in each state. These deadlines ensure that important evidence is kept and witnesses have the opportunity to testify. They also help ensure that the claim of a victim is not dismissed due to the passage of too much time. The statute of limitations is different according to the state and depends on the type of case. Personal injury lawsuits, for example are governed primarily by the date that the diagnosis was made. Wrongful death cases are mostly governed by the date that the deceased died. If you've been diagnosed with asbestos disease, it's crucial to consult to a lawyer as soon as possible. Expert mesothelioma lawyers can look over your medical history and job information to determine if there is a chance that you may have grounds for a legal claim. They can also assist you in filing your claim with the appropriate jurisdiction, based on the unique circumstances of your situation. Factors like where you live or work in, the time and location you were exposed to asbestos as well as the location and business that exposed you could affect the statute of limitation in your case. It's also important to keep in mind that the statute starts running the moment you are first diagnosed with a condition related to asbestos. The time limit does not start with the first asbestos exposure as symptoms may take many years to manifest. This is known as the discovery rule. The rule of discovery is also applicable to cases involving multiple cancers or diseases that are caused by asbestos exposure. A person could be diagnosed with asbestosis, and then develop mesothelioma. In most states, the mesothelioma diagnosis would be the trigger for a new statute of limitations period. If a mesothelioma patient dies before their case is settled, it can be converted to a wrongful-death lawsuit, and the estate of the victim will continue to pursue compensation. This can cover expenses such as funeral costs, medical bills and lost income. In certain circumstances, some states allow the clock to be stopped or tolled. Most often, this happens when the victim is a minor or has no legal capacity. It might also occur when the defendant hides evidence from the plaintiff or their family. Premises Liability While mesothelioma most often is caused by exposure to asbestos in the workplace certain cases are caused by exposure to asbestos through the secondhand substance. In those instances, it may be possible to make a premises liability claim against the property owner at the time the incident occurred. Premises liability is founded on the premise that homeowners and business owners have an obligation to ensure their properties are safe for guests. This means making steps to correct unsafe conditions or to warn guests of dangers. In addition to landowners and companies that make asbestos products and those who supply asbestos fiber can also be held responsible under premises liability. This can include mining companies that harvest the material and distribution companies that supply the material to manufacturers for use in their products. Based on the facts of a case, it could also include retailers that stocked asbestos insulation as well as those who sold it to workers directly. Typically, an asbestos personal injury lawsuit will typically be based on negligence or strict liability. The former involves the injured party's failure to exercise reasonable care to protect himself or herself from foreseeable risks of harm. The latter involves the injured party's reliance on a company's assertion that the product is safe and was safe to use in the manner intended. There are several important issues in determining the liability of negligence and strict liability in an asbestos-related claim. A plaintiff, for instance, must prove that defendants knew or should have been aware of the dangers of asbestos and that the victim's injury or illness was the direct result of that knowledge. It isn't an easy thing to prove given the huge amount of information that has to be considered in asbestos litigation and the difficulty of the proof of specific actions executed or not performed by the defendant. For instance, in Kesner v. Ford Motor Co. and Haver v. General Electric, the judge ruled that a landowner's duty to safeguard household members from secondhand exposure to asbestos cannot be based on the risk of harm that is foreseeable. This is because a landowner doesn't have the same level or knowledge as an employer about the potential dangers of asbestos brought home by employees on their clothing. Product Liability When an asbestos victim develops mesothelioma or another disease and is diagnosed with a disease, the law holds defendant companies responsible for their exposure. Mesothelioma lawsuits are usually brought under the doctrine of product liability. This means that anyone involved in the “chain” of distribution could be held accountable in the event that someone is injured by a hazardous product. This includes the manufacturer, material suppliers, wholesalers distributors, retailers and employers; and even the 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. The victims usually mention the company they believe exposed them to asbestos on different job locations. This could include a variety of insulation companies, manufacturers of asbestos-containing products and mining companies, construction materials and more. Many of the asbestos companies that produced and sold asbestos-containing products went bankrupt, leaving them without the assets and funds needed to compensate victims. In the aftermath, a number of large asbestos trust funds were established to pay claims. A claim filed with an asbestos trust fund is not the same as a mesothelioma lawsuit, but it can still help the 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 or strict liability. It can be difficult to prove causation in mesothelioma cases because the signs of this cancer can take several years to show. The victims must prove that the asbestos-containing substance they were exposed to is the cause of their mesothelioma. They must also prove that it was not some other reason. If more than one defendant has been found responsible for the mesothelioma of a patient, their attorneys can submit an application to divide. This is a process by the jury or judge determines the amount each defendant owes to the plaintiff. A mesothelioma lawyer will assess the value of a patient's case in a free consultation. Compensation for victims of these lawsuits could include economic and non-economic damages. In some cases, victims may also be entitled to punitive damages. Amarillo asbestos attorneys who have been exposed to asbestos at work are more likely to developing a disease such as mesothelioma, lung cancer, or asbestosis. In most cases victims can identify the source of exposure to asbestos by looking through their medical records or job history. Asbestos victims may receive financial compensation for their exposure, to help pay for expenses related to medical expenses, loss of wages, as well as pain and suffering. Patients suffering from asbestos-related illnesses can bring a lawsuit against the companies that exposed them. These companies are accountable for their negligence and must pay compensation. Compensation can be used to help patients and families to pay for treatment that is specialized for asbestos diseases and other financial losses related to mesothelioma, or other illnesses. Mesothelioma patients should consult an experienced mesothelioma attorney about their rights to be compensated. They can assess the potential value of mesothelioma lawsuits by conducting a free analysis of mesothelioma lawsuits. Asbestos attorneys can also file a lawsuit for the wrongful death of loved-ones who have died due to mesothelioma or a different asbestos-related disease. For wrongful death claims, they must be filed within a certain time frame, which varies between states. An attorney can assist the estate representative file a mesothelioma claim for the wrongful death of a loved one and hold negligent asbestos-related companies accountable for their clients' exposure. Injuries resulting from wrongful death in an asbestos personal injury suit can help families cope and obtain additional damages to offset their financial losses. These damages can include funeral and burial expenses and lost income from a deceased's lifetime earnings and pain and emotional distress suffered by family members. Many of the asbestos companies that produced asbestos-containing products have filed for bankruptcy. This has meant that these companies now manage trust funds that pay the current and future victims of their toxic products. Asbestos lawyers can assist clients submit trust fund claims to these bankruptcy-owned firms to receive compensation. They can also bring a traditional lawsuit in court against other firms in the event of a need.