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What is an Asbestos Personal Injury Lawsuit? An asbestos personal injury suit is a claim a victim or their family members bring against companies responsible for their exposure to asbestos. Compensation is awarded for a variety of damages. Mesothelioma and other asbestos-related ailments have long latency periods, meaning it can take decades before symptoms are identified or the diagnosis is made. Asbestos patients typically make individual lawsuits rather than class action claims. Statute of Limitations State statutes of limitation specify specific deadlines for filing lawsuits. These deadlines allow for the preservation of crucial evidence and allow witnesses the chance to give evidence. They also ensure that a victim's claim is not dismissed due to the passage of too much time. The statute of limitations varies according to the state and depends on the type 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 that the deceased passed away. It's crucial to consult an attorney right away in the event that you've been informed that you have an asbestos-related condition. Experienced mesothelioma attorneys can review your medical and employment information to determine if there is a chance that you have a basis for a legal claim. They can also assist in filing your claim with the appropriate jurisdiction in accordance with the specific circumstances of your case. Factors like where you lived or worked, the time and where you were exposed and the location of the companies that exposed you to asbestos may play into the time limit 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 statute of limitations doesn't begin with the initial asbestos exposure since symptoms can take many years to manifest. This is referred to as the discovery rule. The rule of discovery applies to situations where exposure to asbestos is linked to multiple diseases or cancers. A person may be diagnosed with asbestosis, and later develop mesothelioma. In most states, a mesothelioma diagnosis could be the trigger for a new time limit for the statute of limitations. If a mesothelioma patient dies before the case is settled, the lawsuit could be converted into a wrongful death lawsuit and the victim's estate may continue to seek compensation. This could help with costs like funeral costs, medical bills and income loss. In certain circumstances, some states will allow the clock to be stopped or tolled. This usually happens when the victim is minor or lacks legal capacity. It might also occur if the defendant conceals evidence from the plaintiff or their family. Premises Liability Mesothelioma most often occurs as a result of asbestos exposure in the workplace, but in some cases, secondhand exposure is also a factor. In these instances you could be in a position to file a premises liability lawsuit against the owner of the premises where the incident took place. Premises liability is based on the idea that businesses and homeowners have a duty to keep their property safe for visitors. This includes fixing unsafe conditions, or warn guests of potential dangers. In addition to landowners, companies that made asbestos products and those who supplied asbestos fiber raw can also be held liable 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 facts of a case it could also be retailers that stocked asbestos insulation and those who sold it to workers directly. Typically, a personal injury lawsuit is one of negligence or strict liability. The injured person must have failed to take reasonable precautions to safeguard themselves from harm that could have been anticipated. The person who is injured relies on the company's assurance that the product was safe and could be used in the manner intended. There are several important issues in establishing negligence and the strict liability of asbestos claims. For instance, a plaintiff must prove that the defendant knew or should have known that asbestos was dangerous and that the injury or illness suffered by the victim was the direct result of the knowledge. This is a difficult thing to prove, given the large amount of information required in asbestos litigation. It is also difficult to demonstrate specific actions that were that were taken or not by the defendant. In Kesner v. Ford Motor Co. and Haver v. General Electric the court decided that a landowner does not be held responsible for protecting family members from asbestos exposure based on foreseeable harm. This is because a landowner does not have the same level or understanding as an employer regarding asbestos's potential dangers that employees bring home on their clothing. Product Liability When an asbestos victim develops mesothelioma or a different disease it is the law that makes defendant companies accountable for their exposure. Mesothelioma lawsuits are typically brought under the theory of products liability, which stipulates that if a person gets injured by a dangerous product, everyone involved in the “chain of distribution” is liable. This includes the manufacturer; material suppliers, wholesalers distributors, retailers and employers, as well as property owners, managers and landlords. An asbestos personal injury lawyer can assist victims identify potential defendants and decide the ones to name in a lawsuit. The victims will usually name the company they believe exposed them asbestos on various job sites. This could be a range of insulation companies as well as manufacturers of asbestos-containing products and construction materials, mining companies and more. Many asbestos companies that made and distributed asbestos-containing products went under leaving them without assets and funds needed to pay victims. To pay claims, large asbestos funds were created. While submitting a claim to an asbestos trust fund isn't the same as filing a mesothelioma lawsuit it is still beneficial for the victim. Defendants may be held responsible for personal injury claims involving asbestos under various theories of liability. This includes breach of warranty, strict liability and negligence. It is difficult to prove the causation for mesothelioma since the symptoms of this cancer typically take many years to appear. 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 due to some other reason. If more than one defendant is found to be responsible for a mesothelioma patient's diagnosis, their attorneys may file a petition for an apportionment. This is the method through which a judge or jury decides how much money each defendant owes to the plaintiff. An experienced mesothelioma lawyer will determine the potential value of a patient's case in a no-cost consultation with no obligation. The victims of these lawsuits could receive compensation for both economic as well as non-economic damages. Additionally certain victims could be eligible for punitive damages under certain circumstances. Wrongful Death People who are exposed to asbestos while at work have a higher chance of developing a disease like asbestosis, lung cancer or mesothelioma. In the majority of cases, victims are able to determine the location where they were exposed to asbestos through their employment information or medical records. Asbestos-related victims could receive financial compensation for their exposure, to help pay for costs associated with medical expenses, loss of wages, and pain and suffering. People suffering from an asbestos-related illness are often able to bring a lawsuit against companies that put them at risk for exposure. The companies are accountable for their actions and must pay compensation. Compensation can be used to help patients and families pay for specialized treatment for asbestos-related diseases as well as other financial losses resulting from mesothelioma, or other illnesses. Mesothelioma patients should consult an experienced mesothelioma lawyer regarding their rights to receive compensation. They can assist in determining the potential worth of a mesothelioma lawsuit through a no-cost mesothelioma case review. Asbestos lawyers may also file a wrongful death lawsuit on behalf of loved ones who have died from mesothelioma or another asbestos-related illness. State-by-state, wrongful death claims must be filed in the specified time frame. 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 client's exposed. Buffalo asbestos lawsuits damages from an asbestos personal injury suit can help families cope and obtain additional damages to offset their financial loss. These damages can include funeral and burial costs and lost income from a deceased's lifetime earnings as well as emotional distress and pain experienced by family members. Many of the asbestos companies that produced asbestos-containing products have filed for bankruptcy. These companies are now responsible for trust funds that pay compensation to current and future victims. Asbestos lawyers can assist clients submit trust fund claims to these bankruptcy-held companies for compensation. They may also file a lawsuit in court if needed against other companies.